ERIE — Residents are suing a townhouse/condominium association, citing alleged breach of contract, disability discrimination and retaliation.
John Doe, Jane Doe and Mary Doe filed a complaint on Jan. 25 in the U.S. District Court for the Western District of Pennsylvania against Ellsworith Mews Townhomes Condominium, aka Ellsworth Mews Townhomes Association and others for alleged violation of the Fair Housing Act by making unavailable or denying dwelling to plaintiffs.
According to the complaint, on Aug. 12, 2018, Jane and John Doe met with defendants' executive board members regarding their daughters's disability and explaining the presence of four to six roommates was necessary and that reasonable accommodation should be made available to enable Mary Doe to use and enjoy her chosen residence at Ellsworth Mews.
However, the plaintiffs claim defendant continues to deny their request by allegedly intimating it would expose Mary Doe's disability in an effort to embarrass and humiliate her to compel her to relinquish her rights or abandon her residence, and by allegedly imposing new rules that had not been revisited since 2010 in order to impose fines to be paid by plaintiffs on their alleged violations.
The plaintiffs allege the defendants refused to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford plaintiffs equal opportunity to use and enjoy a dwelling.
The plaintiffs request a trial by jury and seek award for compensatory and punitive damages, and grant such other relief as may be appropriate, including reasonable attorney's fees, litigation expenses, and costs. They are represented by Lourdes Sánchez Ridge of Pietragallo Gordon Alfano Bosick & Raspanti LLP in Pittsburgh.
The U.S. District Court for the Western District of Pennsylvania Case No. is 2:19-cv-00083-PJP.