Pooky's Story
Appellate court rules that housing association must make reasonable accommodation for severely depressed couple to keep their companion dog, Pooky
In August 2004, the Third District Court of Appeal ruled in favor of our clients, Ed and Jayne Elebiari, holding that their condominium association had illegally discriminated against them by refusing to allow them to keep a companion dog to alleviate their depression.
Ed and Jayne Elebiari resided in a complex in Auburn, California in 1999. Ed had been in a serious car accident that left him permanently disabled and severely depressed. Jayne also became depressed after the accident. Both were diagnosed with clinical depression by their psychiatrist.
The Elebiaris found that their mental and physical health improved significantly after they adopted a small, 11-pound wire-haired terrier mix named "Pooky." The homeowners association, however, demanded that the Elebiaris get rid of Pooky or pay fines.
The Elebiaris sent Pooky to a neighbor's house, and their condition deteriorated rapidly. Jayne asked the association to make a reasonable accommodation for their disabilities, by allowing them to keep Pooky. She provided notes from their psychiatrist stating that Pooky provided therapeutic benefits. The association refused, and continued to do so for months after repeated requests by the Elebiaris.
The Elebiaris filed a complaint with the California Department of Fair Employment and Housing (DFEH). Eventually, they were given a hearing before the California Fair Employment and Housing Commission (FEHC). FEHC found that the association had illegally discriminated against the Elebiaris, because it refused to make a reasonable accommodation for their disabilities by allowing them to keep their dog.
Ultimately, the dispute reached the California Court of Appeals for the Third District, in Sacramento. The court affirmed the FEHC's decision. The court also rejected the association's argument that only trained and certified service dogs could qualify as a reasonable accommodation. "Pooky did not need special skills . . . . It was the innate qualities of a dog, in particular a dog's friendliness and ability to interact with humans, that made it therapeutic."
To see the published opinion, click here
To read the story from the Sacramento Bee, click here
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