Massachusetts AG Tags Landlord Of 32-Unit Apartment Building With Housing Discrimination Suit, Alleging It Moved To Boot Blind, PTSD-Suffering Tenant's Assistance Animals Rather Than Reasonably Accommodate His Disability; Actions Said To Have Resulted In Guide Dog Being Put To Death After Being Put In Pound

In East Wareham, Massachusetts, Wareham Week report:

• The Attorney General has filed a complaint on July 24 against New Depot Crossing and partners for allegedly discriminating against a blind man with service animals.
  
  New Depot Crossing, LP, Hallkeen Management, Inc., Housing Solutions for Southeastern Massachusetts, Inc., and Dianne Callahan are all named as defendants in the case. Depot Crossing is a 32-unit low income housing property located at 125 Minot Ave.
  
  The complaint alleges that the defendants violated the state’s fair housing law by requiring a specific form before considering the tenant’s request for a reasonable accommodation, inquiring into an open and obvious disability, and then failing to follow their own reasonable accommodation policies and procedures.
  
  According to the Attorney General, tenant Robert DaSilva owned a dog, to assist him with his mobility, and two cats that served as emotional support animals to help him cope with post traumatic stress disorder.
  
  According to the complaint, when DaSilva moved into Depot Crossing in 2014 he was unaware that he needed approval of his pets as no paperwork was included in the lease nor did Callahan mention it.
  
  In April 2014, DaSilva received a “notice of dog removal” demanding that DaSilva remove the animals from the apartment by April 24.
  
  Though DaSilva sent a doctor's note informing the defendant of his blindness, it was deemed inadequate verification, the complaint read.
  
  The defendants requested a hearing, telling DaSilva that if he did not make the meeting, he and his animals would be removed from his home, according to the document.
  
  On May 12, the Southeast Housing Court granted a request to remove DaSilva’s animals (including his two cats) which DaSilva was unable to attend with only three days notice.
  
  According to the complaint, DaSilva had given his dog, Marley, to a pound, believing he would be evicted. The pound later put the dog down. He gave his two cats to a friend and eventually moved out of the apartment by December 2014.
  
  “As a result of losing his dog, Mr. DaSilva suffered increased anxiety, stress, and felt insecure leaving his home. He also experienced increased anxiety and stress due to the loss of companionship of his dog and his cats of ten years,” the complaint read.
  
  The Attorney General’s office is seeking injunctive relief and damages for the victim, as well as civil penalties.
  
  The Attorney General’s office sent a press release on July 28 informing the public of the lawsuits.
  
  Executive Director Carl Nagy-Koechlin for Housing Solutions for Southeastern Massachusetts said his company is not the owner of New Depot and that it was “damaging to [them] to be miscast” as such.
  
  “The AG put out a press release which inaccurately characterized us as the owner of the property which we are not,” said Nagy-Koechlin. He is currently contacting the Attorney General and the property owners to have them say something on record about their minimal involvement in the property.
  
  According to him, the nonprofit has “historically had an involvement.” They developed the land and acquired it in foreclosure in 1990. In 2010, they transferred ownership, he said.
  
  The Community Builders website has New Depot Crossing listed under their properties and themselves as “developer, owner” of the property.
  
  Callahan declined to comment.

Source: Lawsuit filed against Depot Crossing for allegedly discriminating against blind man.

See also, Massachusetts Attorney General press release: AG Healey Files Lawsuits Against Landlords for Failing to Accommodate Tenants with Disabilities.