The U.S. Department of Housing and Urban Development (HUD) is investigating allegations that Benton City, Washington, violated federal law when city officials called for a Shetland Pony reported used as a service animal to be removed from a residential neighborhood.

In written statement Benton City Attorney Eric Ferguson said city code enforcement officials responded to a report about a horse being kept in a residential zone. Further investigation revealed the animal’s owner to be Tim Fulton, who said the horse was a service animal.

Federal law recognizes Miniature Horses as service animals.

Ferguson said the city requested documentation stating that Fulton needed the pony as a service animal. He said Fulton had not provided any objective facts that meet the standard required to have a horse as a service animal in a residential zone