‘I can’t survive without him’: Mount Prospect woman sues after condo association bans service dog

Sharon House thought that by now she’d be living in the home she bought nearly a year ago at Mount Prospect’s Westgate Condominiums.

Instead, the 66-year-old Mount Prospect woman is renting an apartment and suing the condominium’s association in federal court, alleging it is unlawfully blocking her from moving in.

At the center of the legal dispute is Biscuit, a service dog trained to help House with multiple disabilities, including post-traumatic stress disorder, panic attacks and mobility limitations

“That place was supposed to be my dream come true,” House said of the Westgate unit she bought in August. “I get to finally own my own place.”

The unit was ideal for House, according to her suit. Its main bedroom is next to a bathroom, and the laundry machines are accessible by elevator rather than stairs — important considerations due to her mobility challenges.

House doesn’t drive, so Westgate’s location within walking distance to a grocery store, a nail salon, clothing stores and a home improvement store also made it attractive.

“I took a look at it, fell in love, and made an offer, and it was accepted,” House said.

But the condo association has a no-dogs policy and has five times denied her request to make an exception for Biscuit, a Chiweenie (mix of Chihuahua and dachshund) House adopted seven years ago.

“He has really helped with my anxiety and my PTSD episodes,” House said. “Basically, he gives me a calming presence. He knows when I’m upset. He’ll nudge me, so I pet him, and it gets my mind off what I’m thinking about.”

House said she was aware of the policy when she read the advertisement for the unit. But, she said, “He’s a working dog, and they’re supposed to be allowed everywhere. I can’t survive without him.”

The lawsuit, filed Friday in U.S. District Court in Chicago, accuses the Westgate of Mount Prospect Condominium Association of violating the federal Fair Housing Act and the Illinois Condominium Property Act.

It seeks a court order allowing House to immediately move into her unit, as well as actual and punitive damages, attorneys' fees, and mandatory fair housing training for the association.

The association’s attorney did not return phone and text messages seeking comment.

But court documents include email exchanges between House and the association and its representatives.

In one, House emails the association’s management company a day after she purchased her unit requesting a special accommodation for Biscuit.

The request was forwarded to the association board president, identified as Grace Samuel, who responded, “No Dogs are allowed in the building. Thank you.”

“There is no games at Westgate. Absolutely not acceptable,” Samuel later wrote, according to court exhibits.

Despite being aware of the policy when she bought the unit, House is on solid legal ground for keeping a service animal, said her attorney Katelyn Polk. She noted that House’s psychiatrist provided the association with documentation stating Biscuit is part of her ongoing treatment plan.

Matthew Moodhe, an attorney who represents condos, townhomes and homeowners associations, said there are two issues that have become prominent in condominium associations — service animals, including seeing-eye dogs and dogs trained to detect seizures, and emotional support animals.

“The service animals are pretty clear cut,” he said. “First and foremost, the rules prohibiting animals or pets do not apply if there is that clear disability and there is a service animal,” he said.

In that case, the condo association is required to supply a reasonable accommodation.

There’s less certainty over emotional support animals that do not have to be trained.

“The owner merely has to provide documentation establishing that there is a therapeutic relationship with a health care provider,” he said. “It has to be an ongoing therapeutic relationship.”

In that case, the condo association would be required to provide accommodations under Illinois law, he said.

Meanwhile, House remains in the apartment she has been renting for 11 years. She pays about $1,200 per month for the two-story unit, while also paying roughly $400 monthly association fees at Westgate.

“He’s not a pet, and he doesn’t cause any trouble,” House said of Biscuit. “He’s just a very laid back dog.”