Article
Courtesy of The Sun Sentinel
By
Rhonda J. Miller
Published
April 2, 2006
One widow has lost her battle to keep her
Chihuahua and another is fighting to keep her cat in the ever-erupting friction
over animals in no-pet communities.
The 2 1/2-pound pocket Chihuahua named Cha Cha is being evicted from a Delray
Beach condo, and a fluffy calico cat named Bitty Baby has sparked a fair housing
complaint in Boca Raton.
Cha Cha's owner, Bernadette Casale, 86, has until
Tuesday to file a legal response after losing a two-year fight to keep the dog
in her Bridgeview condo, where she has lived for 22 years.
Bitty Baby's owner, June Koch, 72, who lives in Boca Verde, has medical
ailments, and her two grown children live up North. "I can't be totally
alone," Koch said of her move to keep the cat. "I cannot live that
way."
Koch's case is among about one a month filed with the Palm Beach County Office
of Equal Opportunity, said the agency's director Harry Lamb.
"About nine out of 12 cases are resolved in favor of the person keeping the
pet -- a support or service animal -- based upon the findings of a physician or
mental health professional treating the condition," Lamb said.
"A no-pet rule often isn't enforced when the animal doesn't cause a
nuisance," said state condominium ombudsman Virgil Rizzo, who gets about
one call a week concerning pets.
"Usually, it's because of personality problems. Someone doesn't like the
person, so they go after them," Rizzo said. "The board has an
obligation to enforce it."
The controversy over whether these animals are allowed for the physical and
mental health of their owners is playing out against the backdrop of Fair
Housing Month this month, designated by the U.S. Department of Housing and Urban
Development. A Fair Housing Symposium is set for April 28 in West Palm Beach,
sponsored by the Office of Equal Opportunity.
The Fair Housing Amendments Act of 1988 prohibits discrimination on the basis of
several factors, including disability. The law requires that a person with a
disability be accommodated and given " ... equal opportunity to use and
enjoy a dwelling."
But the variety of options to pursue that fair housing opportunity, and
controversy over what constitutes a physical or emotional disability that
necessitates a pet is causing neighbors to clash and condo boards to face off
with residents.
"Most condominiums have no-pet rules," said attorney Edward Hammel of
the Boca Raton firm of Sachs Sax Klein, which represents the Bridgeview
Association and other condo and homeowners associations.
Owners are made aware of pet regulations before they move in, he said, and it's
not just about pets.
"It's about enforcing the governing documents of the community,"
Hammel said. "It could be about a resident painting a section where
painting is not allowed or playing loud music that's a nuisance.
"If an association doesn't enforce its governing documents even-handedly,
it may waive the ability to enforce restrictions in the future," Hammel
said.
Casale's case is unusual, because most pet issues are resolved without such
extensive legal action, said Hammel, whose firm deals with 40 or 50 pet disputes
a year in Palm Beach and Broward counties.
The Bridgeview Association considers disability claims carefully and does what's
necessary to comply with fair housing laws, Hammel said.
If a resident in a wheelchair requires a ramp, it will be provided. If a
resident is blind or deaf and needs a service animal for assistance, that animal
is approved and documented, he said.
Casale said she took a chance and bought Cha Cha seven years ago to help ease
her struggle with failed eyesight from macular degeneration, plus lupus,
depression and sensitivity to medication. She can't drive, read or make out
features on faces.
Two years ago, someone saw the dog outside, and the association took action to
enforce the no-pet rule.
Casale's attorney, Arthur Schofield of West Palm
Beach, filed her case in federal court, but it was referred to state
arbitration.
Arbitrator Melissa Mnookin of the state Department of Business and Professional
Regulation ruled against Casale in October. The arbitrator said that Casale's
doctor's letter did not establish that the dog is necessary to accommodate her
disability, does not have special training to assist with disabilities, and does
not perform any special function, such as retrieving objects.
Casale
did not use her option to appeal in circuit court, after her lawyer advised her
that she could be responsible for additional legal costs if the arbitrator's
decision was upheld.
However, the Bridgeview Association has asked the arbitrator to make Casale
responsible for its $100,000 in legal costs. That issue is pending, the
association's attorney said.
Casale has no way to pay the exorbitant fees, and the reasonable amount is about
$1,000, Schofield said. He hasn't charged Casale for his work and has paid her
court costs, he said.
Instead of the trial option, Schofield requested a re-hearing by the state
arbitrator, which was denied in December.
Bridgeview Association filed a summons in March to enforce the order to remove
the dog.
"They've given me no choice," Casale said.
She has put her condo on the market and a friend will keep Cha Cha until she is
able to find a place that allows pets.
"Cha Cha gave me a reason to live," Casale said. "After my dog
goes, I don't care what happens to me anymore."
Koch also said her animal is irreplaceable.
"I've had too many losses in my life," said Koch, who is also
represented by Schofield and has a fair housing complaint pending in the Palm
Beach County Office of Equal Opportunity. "Bitty Baby is my lifesaver. She
comforts me."
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