Coed sues after landlord banishes assistance dog

Coed sues after landlord banishes assistance dog

 Posted with permission
Izzy.jpg
Izzy, a 4-year-old miniature Chihuahua, is owned by a Grand Valley State University student who sued Meadows Crossing Apartments after its management denied her request to have Izzy live with her as a medically prescribed emotional support animal. (Photo courtesy of Fair Housing Center of West Michigan)
ALLENDALE, MI – A Grand Valley State University student is suing Meadow Crossing Apartments after its managers denied her request to have Izzy, her medically prescribed assistance dog, live with her.

Marissa Biesbrock, a second-year chemistry major, claims Izzy, a 4-year-old miniature Chihuahua, has helped reduce her symptoms of depression and anxiety disorder.

She and the Fair Housing Center of West Michigan are suing Silveri Management Company after she was denied a request to keep the dog in an apartment she planned to lease with three roommates near Grand Valley State University’s Allendale campus.

According to the March 19 complaint, Biesbrock “suffers from panic attacks, which cause her to experience a rapid increase in heart rates, tightening in her throat and stomach, bodily shaking, sleep deprivation and an overwhelming sense of danger.”

After she adopted Izzy several years ago, those symptoms were reduced, along with her need for anti-depressants, according to the lawsuit.

“Before Ms. Biesbrock had Izzy, any stressor in her life would trigger a panic attack, and she could not always anticipate when to take anxiety medication to prevent these attacks,” the lawsuit said.

“She found it very difficult to calm herself down on her own. With Izzy, however, the dog was able to sense when Ms. Biesbrock was about to experience an attack and could calm her down within minutes, often avoiding the attack altogether.”

The Fair Housing Center claims the apartment complex also has been told by the Michigan Department of Civil Rights that is in violation of state law by refusing her request to live with an assistance animal. At least two other requests for assistance animals have been denied by Meadows Crossing’s management, the lawsuit said.

Filed in U.S. District Court, the lawsuit claims the apartment’s denial to accommodate Biebrock’s disability is a violation of the U.S. Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act.

The lawsuit asks the court to find Silveri’s policy of not allowing assistance animals in violation of the law and enter an order allowing Izzy to live with her at Meadow Brook. The lawsuit also asks for unspecified damages and attorney fees.

Glenn Turek, president of Silvestri Management, declined to comment on the lawsuit on Monday, April 4. He said the company had just been served with the case.

“The Fair Housing Act guarantees people with disabilities the right to choose a place to live free from housing discrimination,” said Elizabeth Stoddard, director of advocacy for the Fair Housing Center.

“When a housing provider denies a reasonable accommodation request for an assistance animal, it is no less discriminatory than prohibiting someone’s use of a wheelchair,” Stoddard said.

“It is crucial to equal housing opportunity that housing providers properly understand and exercise their obligation to make reasonable accommodations for assistance animals,” Stoddard said.

“Companies in the business of providing housing are in the business of complying with fair housing laws, and that includes making reasonable accommodations for assistance animals,” said Nancy Haynes, executive director of the Fair Housing Center.

Jim Harger covers business for Mlive Media Group. Email him atjharger@mlive.com or follow him on Twitter or Facebook or Google+.