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Thursday, May 2, 2024

Woman sues condo association for discrimination over emotional support animal

Federal Court
Havanese

HUNTINGTON — A woman is suing Whitaker Square Condominium Association alleging it violated the Fair Housing Act when it discriminated against her for her emotional support animal.

Carmen Snook, who is 76, began having problems with using the stairs at her condominium in Florida and decided to move to Huntington to be closer to her son, Kevin Snook, as well as Kevin Snook's brother and sister-in-law, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.

Carmen Snook found a condominium at WSCA that fit her needs perfectly and requested a copy of the bylaws and then notified the president of WSCA that she had an ESA, and the president expressed displeasure regarding the ESA, but requested information about its size, the breed and the animal's ESA documentation. She claims the defendant did not ask for any other information, nor did they speak to her again.

The ESA is a nine-pound Havanese dog named Ceviche. She chose a Havanese previously because she lived in a condo before, and the breed is non-shedding and hypoallergenic.

She says the president of WSCA told the Realtor that it "would not be welcoming to anyone with an animal,” and that “if the potential buyer suffers from anxiety, maybe this building is not a good fit for her and she should look in Barboursville instead.”

The plaintiff made an offer on the unit on Dec. 20 and her offer was accepted three days later. She then initiated the loan approval process, however, on Dec. 30, the defendant sent an e-mail to the loan officer and Carmen Snook's agent denying her accommodation for her ESA and threatened legal action against her.

Carmen Snook claims the defendant discriminated against her and violated the Fair Housing Act.

Carmen Snook and her son, Kevin Snook, are seeking compensatory and punitive damages. They are represented by Hoyt Glazer of Glazer Saad Anderson in Huntington.

U.S. District Court for the Southern District of West Virginia case number: 3:21-cv-00172

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