(Radio Iowa) – The Iowa Supreme Court has ruled in a case involving a support dog and pet allergies. The case involved Karen Cohen, who has medically documented severe allergies and moved into an apartment in Iowa City with a “no pets” policy. Two months later David Clark moved in and asked for a waiver to allow his emotional support dog to live with him. The Iowa Civil Rights Commission informally advised the landlord that moving Clark to another building that allowed pets would not be a reasonable accommodation for his situation.

Efforts to use air purifiers didn’t work and Cohen sued after her allergies kicked in. The Supreme Court ruling says there is no law in Iowa or any other jurisdiction that clearly establishes how landlords should handle reasonable accommodation. The court says Cohen was the first to move into the apartment and in this particular case that should be the factor used to determine the outcome. The Supreme Court threw out the lower court ruling that Cohen could not sue the landlord over the pet issue.