Woman With Service Animal Sues Willimantic Housing Complex Over No-Pet Policy
Tenant Yarieliz Moure has filed a lawsuit against property managers of the Windham Heights housing complex, alleging they've tried to force her to keep her assistance dog off the premises. Moure, who says she needs the dog to help with mental and emotional disabilities, is seeking $150,000 in compensatory damages.
May 21, 2019 at 05:20 PM
3 minute read
Claiming a Willimantic-based public housing complex had repeatedly refused to accommodate her request to have an assistance animal to support her mental and emotional disabilities, a resident has sued the complex.
In her lawsuit, filed Monday with the U.S. District Court for the District of Connecticut, 24-year-old Yarieliz Moure has sued Vesta Corp. and Vesta Windham LLC, which own the Windham Heights housing complex. She also lists Ashley Johnson, director of compliance for Vesta Corp., as a defendant.
Moure, who says she suffers from anxiety and depression, said she purchased the dog in May 2016 on the advice and consultation from doctors, who told her the animal would help alleviate her symptoms.
The lawsuit, however, states the housing complex, which has a no-pet policy, has “refused, despite an administrative appeal hearing and repeated written requests, to provide” Moure with a reasonable accommodation for her assistance dog.
Moure, in the suit, alleges the defendants intentionally discriminated against her on the basis of her disabilities, in violation of the Fair Housing Amendments Act.
“Ms. Moure has endured and will continue to endure needless pain and suffering due to defendants' action,” the suit continues.
Moure leased a two-bedroom apartment in October 2018 and was provided with the complex's no-pet policy disclaimer. At about that same time though, she also completed Vesta Corp.'s form to request the accommodation, and delivered it to her doctor for further completion, according to her lawsuit.
But less than a month later, the company threatened to evict Moure if she did not remove her dog from the premises, her complaint alleges. Soon after the company contacted Moure, her doctor wrote that she suffered from mental and physical ailments, including risk to her pregnancy, due to the threat of losing her dog and her possible eviction.
On Nov. 23, 2018, 10 days after Moure's doctor wrote the letter saying the tenant needed the dog, Vesta Corp. denied the request for not being a “medical necessity,” according to the lawsuit.
And then in December, the companies conducted an administrative appeal proceeding on the matter. While the property managers have taken no further actions to evict Moure since late last year, they have also not signed off on her keeping the dog in the apartment.
The lawsuit claims management violated the federal Fair Housing Amendments Act and the Rehabilitation Act of 1973, which prohibits companies or programs that receive federal financial assistance from discriminating against people with disabilities.
At press time, the defendants had not assigned an attorney to the case, and no one answered the phone at the businesses. In addition, neither defendant Johnson, nor Jennifer Moran, president of property operations, responded to a request for comment.
Representing Moure are Nilda Havrilla, Natalia Planell, and Obinna Anugweje, all with Connecticut Legal Services. All three attorneys declined to comment for this report.
The lawsuit seeks a declaratory judgment that the defendants violated both the Fair Housing Amendments Act and the Rehabilitation Act of 1973. It also seeks compensatory damages of $150,000 and punitive damages.
Judge Alfred Covello is scheduled to hear the case.
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