The state is suing the owners of a Denver apartment building, charging they kicked out a disabled woman because she had a service dog.
The Colorado Civil Rights Commission filed the lawsuit Sept. 25 against Ved Varma, the Ved Varma and Satya Varma living trusts, Varma Partnership and Sanjay Varma, saying they evicted Ellen Winans from the building at 1588 S. Albion St. after complaints about her service dog.
Andrea Faley, an attorney at the Legal Center for People with Disabilities and Older People who is helping represent Winans before the commission, said the state is involved because of the severity of the allegations.
“It’s very rare for them to take the case unless they think the conduct is very egregious,” Faley said.
Winans declined comment and Ved Varma did not return calls seeking comment.
Chris Lines, spokesman for the state Department of Regulatory Agencies, said this is the first housing complaint they have filed based on a mentally disabled person with a service dog – although about 12 percent to 15 percent of their cases come from people matching that description. This is the first case to go far enough to make it court, he said.
The case says the building owners violated the state’s fair housing law when they clashed with Winans over her border collie, named Shelby Nicholas.
Winans has been diagnosed with a bipolar disorder and depression and needs Shelby, who is a registered service dog, as an emotional assistance animal, the suit says.
Winans and Shelby moved into the Aristocrat Apartments in 2004 and were exempt from the no pets policy because of Winans’ disability, the suit says.
The following year, there were complaints about Shelby defecating near the building and on Jan. 30, 2006, the owners issued a lease termination notice to Winans, the suit says.
“Ms. Winans was and continued to be extremely distraught and emotionally distressed over the threatened eviction and the constant criticism leveled against her and her dog and what appeared to be abusive behavior directed towards her,” the assistant attorney general wrote in the complaint.
Faley said Winans no longer lives in the building.
Arthur Kane: 303-954-1244 or akane@denverpost.com
