Anthony Draper lodges discrimination complaint over undisclosed support dog at York St, Launceston rental

A construction supervisor has lodged a complaint with Equal Opportunity Tasmania over attempts by his landlord and their agent to force him out over an undisclosed support animal.

A construction supervisor has lodged a complaint with Equal Opportunity Tasmania over attempts to evict him from a rental property due to an undisclosed dog, which he says is a support animal, that left faeces and urine through the property.

The dispute between Gard Constructions employee Anthony Draper and his landlord Jennifer Pui Jan Yan and property managers Bushby & Co was disclosed in a recent decision by Tasmanian Civil & Administrative Tribunal deputy president Richard Grueber.

According to a background provided as part of his decision, Melbourne-based Gard Construction signed the York St, Launceston lease for Mr Draper, an employee of theirs who is supervising a local project, to last six months, between February 6 – August 4, 2023.

The lease expressly provided that animals were not to be kept on the premises “without the consent of the owner in writing,” but Mr Draper moved in with a kelpie, Bindy, that he described as his “assistance dog,” Mr Grueber said.

The York St, Launceston rental at the heart of a discrimination complaint by tenant Anthony Draper against his landlord and her property manager, Bushby & Co. Picture: Alex Treacy

In March, while inspecting another nearby property under its management, a Bushby agent saw Bindy on Mr Draper’s balcony and a notice to vacate was served on May 9. A subsequent inspection of the property disclosed “damage to floor coverings from urine and the presence of faeces on the floor”.

Spare bed linen provided with the rental property had also been used for Bindy’s bedding, Mr Grueber said.

Bushby & Co and the landlord sought proof Bindy was an assistance dog and received a medical certificate from Mr Draper’s GP stating that their patient “has a mental health condition and requires an emotional assistance dog for his mental wellbeing”.

“No further information was provided in the certificate,” Mr Grueber said.

“The applicant did not provide any evidence in respect to the nature of his condition. He did not provide evidence as to how he is assisted by Bindy, except to say that Bindy provides him with company.”

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On May 22, Bushby & Co and the landlord filed an application with Launceston Magistrates Court seeking vacant possession of the property, with Mr Draper responding the following day with a complaint of discrimination to Equal Opportunity Tasmania.

The Anti-Discrimination Commissioner is now formally investigating the matter, Mr Grueber said, while the vacant possession matter will return to the magistrates court on Thursday.

Mr Draper sought an interim order restraining Bushby & Co and the landlord from proceeding with the vacant possession application until after the outcome of the discrimination complaint.

However, Mr Grueber declined to make the order, on the basis that Mr Draper’s complaint had no chance of being finalised prior to the lease ending on August 4, so that should the tribunal grant the application, it would effectively be a permanent injunction.

“I am not satisfied that the likelihood of injury and the balance of convenience justify the making of an interim order,” he said.

The matter ought properly to be determined by the magistrates court, Mr Grueber said.