Feds sue New Brighton apartments, owner alleging disabled resident was mistreated over dog

A tiny Shih Tzu companion dog falls at the center of a federal lawsuit alleging housing discrimination against a former resident with disabilities at a New Brighton apartment complex.

The U.S. attorney's office filed the civil rights suit Thursday in U.S. District Court, alleging that Jane Poeschel was treated unlawfully while she lived at Garden Grove apartments.

The complex at 760 5th St. is owned by Oak Grove Realty Services Inc., which also is named as a defendant in the suit alleging violations of fair housing laws.

In the two years Poeschel lived at the complex, she faced repeated bullying from property managers, with incidents ranging from a refusal to accommodate her dog Trudy to multiple attempts to evict her, the suit says.

Jessica Carroll, who manages the Garden Grove property, did not return calls seeking comment.

The filing comes amid increased attention around disability rights issues in the Twin Cities.

This increased visibility partly stems from an influx of individuals with disabilities seeking independent living situations and affordable places to call home, said Barb Turner of the Association of Residential Resources in Minnesota, a nonprofit collective of businesses and advocates for Minnesotans with disabilities.

Poeschel, who has suffered from mental, emotional and physical disabilities for at least 30 years, began renting at Garden Grove in June 2013 and told a property manager that she planned to get a dog as a companion animal, according to the suit. The suit notes that the apartment complex's website says that "dogs and cats are welcome."

In March 2014, Poeschel picked out her puppy and notified the complex through a "pet addendum." The property owners responded by suggesting that she get a cat instead, the suit said. The owners argued that puppy behaviors — like chewing, whining and barking — would bother other residents.

Poeschel's doctors wrote multiple letters about prescribing her a dog to alleviate some of the emotional symptoms and stressors associated with her disability. The property managers nevertheless issued several "infraction" notices to Poeschel for keeping Trudy and eventually refused to renew her lease, according to the suit.

The complex management also filed two eviction actions over the course of a year in Ramsey County District Court, citing her unauthorized pet, as well as an "unauthorized occupant" — her caretaker — and changes she had made to her apartment without approval, including a painted walkway and accent wall.

The suit says that the apartment managers retaliated against Poeschel after she had filed a complaint with U.S. Housing and Urban Development in August 2014, and that the resulting stress led her to move out of the complex.

Choosing between a suitable place to live and an accommodation like a companion animal often results in a housing Catch-22 for residents with disabilities, said Lael Robertson of Mid-Minnesota Legal Aid. The law firm handles about 150 housing discrimination complaints a year on behalf of low-income clients.

"That's what these laws are there to protect — so that you don't have to choose," Robertson said.

For some people, a tiny Shih Tzu can make a world of difference, she added.

"We have some clients that the only reason they get up in the morning is to let their dog out," Robertson said. "It can be hugely motivating and change people's lives."