California Department of Fair Employment and Housing, et al. v. United Dominion Realty, LP, et al.
Published: May 1, 2010 | Result Date: Nov. 23, 2009 | Filing Date: Jan. 1, 1900 |Case number: 07CC12067 Settlement – $298,833
Court
Orange Superior
Attorneys
Plaintiff
Annmarie Billotti
(Department of Fair Employment and Housing)
Defendant
Theresa L. Kitay
(Theresa L Kitay Attorney at Law)
Facts
Michelle Warner suffered pain from multiple spine, muscular, and nervous systems ailments. Warner had a dog that was a mixed Labrador Retriever/German Shepherd. When she applied for a lease renewal, the owners of her Orange County apartment complex, Huntington Villas Apartments (Apartments), refused because the dog exceeded the newly-imposed weight limit for pets. The owners eventually initiated eviction proceedings against Warner. Warner became homeless, moved to a series of temporary housing situations, and eventually, was forced to euthanize her dog. The California Department of Fair Employment and Housing (DFEH) brought suit against the owners.
Contentions
PLAINTIFF'S CONTENTIONS:
Warner argued that Nellie, her dog, was a companion that lessened the anxiety and depression caused by her painful conditions. Nellie was for medical therapy, and Warner argued that she produced a doctor's note to the owners certifying that Nellie's companionship was medically necessary.
Result
The parties settled, with the owners agreeing to pay $298,833. The apartments must modify its pet policy to permit tenants with disabilities to live with companion or service animals when necessary, even if those animals exceed the weight limit. The landlord was to hire an expert to conduct fair housing training for its managers and assistant managers.
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