The opinion of the court was delivered by: B. Lynn Winmill Chief JudgeUnited States District Court
MEMORANDUM DECISION AND ORDER
The Court has before it both parties' motions for summary judgment. The Court heard oral argument on July 6, 2011 and took the motions under advisement. For the reasons explained below, the Court will deny both motions.
The plaintiff, Intermountain Fair Housing Council, learned of what it alleges are discriminatory housing practices by the Defendant, CVE Falls Park, LLC, and its employees, Eric and Tina Smithson, in early November 2008. An individual filed a complaint with Intermountain suggesting she had been discriminated against by CVE because of her handicap when she applied for an apartment at CVE's Falls Park Apartments. As a result, Intermountain conducted two separate telephonic tests to gather evidence of the alleged discrimination.
On December 1, 2008, one of Intermountain's testers, Ms. House, called the Falls Park Apartments. Tina Smithson answered, and their conversation went in part as follows:
. . . . Ms. House: The one bedroom, one bath was on the third floor?
Ms. House: Okay. And what is the deposit?
Tina Smithson: It's a two hundred and fifty dollar deposit, plus there's a one hundred dollar nonrefundable administration fee. And the application fee is forty-five. . . . . Ms. House: Okay. Now, I do have a service animal.
Tina Smithson: You do have a service animal?
Tina Smithson: Okay. Well . . . . , you have a form that you're supposed to fill out.
Ms. House: Well, I have a prescription.
Tina Smithson: Okay. That would be a nine hundred dollar deposit on the dog. Is it a dog?
Ms. House: My service animal?
Tina Smithson: The dog or a cat. It would be nine hundred dollars on the pet and then a hundred dollars nonrefundable on that.
Ms. House: With the doctor's ...