Disabled woman files suit against apartment complex for not allowing service dog

Disabled woman files suit against apartment complex for not allowing service dog


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SALT LAKE CITY — A disabled college student is suing the company that manages a downtown apartment building, alleging it would not allow her to keep a service dog.

Maria Aguilar-Mendoza, who suffers from a progressive neuromuscular disorder and must wear multiple braces just to get around, says Brigadoon Apartments at 1059 E. 600 South refused to renew her lease because her service dog violated the complex's no-pet policy.


We're happy to have this woman stay and have her dog. We're working hard to settle it.

–James Deans


But the attorney for Brigadoon, James Deans, says the issue is a “miscommunication,” and he expects a resolution to be reached shortly.

“We’re happy to have this woman stay and have her dog,” Deans said. “We’re working hard to settle it.”

The suit also named Brigadoon owner Mark Malouf, Malouf Investment Co. and Abana Apartments, an apartment management company.

According to the suit filed in 3rd District Court earlier this week, Mendoza suffers from Ehlers-Danlos syndrome, which causes severe joint pain, easily dislocated joints, chronic pain and muscle fatigue.

The University of Utah student must wear knee, hand, shoulder and elbow braces to get around, according to the lawsuit. She also has difficulty bending, lifting, walking, standing and sitting, the complaint states.

Mendoza got a mixed-breed Australian shepherd named Cody from Canines With a Cause, a Salt Lake City organization that rescues shelter dogs and trains them to work with people who need companion, therapy or service dogs.

Cody is being trained to carry a backpack, which makes items Mendoza needs more accessible to her. The dog helps her pick up items off the floor, as well as other tasks, and provides her with companionship and emotional support, according to the lawsuit.

"(Cody) is being trained," said Mendoza’s attorney, Chris Wangsgard. "His training is still ongoing," and Mendoza is participating in that process. Even so, the dog is still considered a service animal under state and federal law, Wangsgard said.


(Cody) is being trained. His training is still ongoing.

–Chris Wangsgard


The lawsuit alleges that Brigadoon is violating the federal Fair Housing Act, as well as a Utah law that spells out the rights of people with disabilities.

Mendoza had a one-year lease with Brigadoon from July 1, 2010, until June 30, 2011, and paid her rent as required by the rental agreement, the lawsuit states. The lawsuit also states that Malouf told Mendoza on June 22 her lease would not be renewed because she was telling apartment management “what they can and cannot do.”

The Disability Law Center notified defendants on June 24 that it was illegal to deny Mendoza a service dog, the complaint states.

The lawsuit asks for compensatory and punitive damages, as well as legal costs, and says that Mendoza's university studies have been negatively affected.

Deans said not everything the suit alleges is accurate, but that the owners would agree to continue renting to Mendoza on a month-by-month basis. The law cannot compel a property owner to enter into a long-term lease, he said.

Deans said apartment managers and owners sometimes lack knowledge of disability laws, so they do not always follow them correctly.

A hearing is scheduled for Aug. 4.

Email: lbrubaker@desnews.com

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Ladd Brubaker

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