Chicago Condo Owners Told "Get Rid of Cats"
Wednesday February 21, 2007
According to an article by The Chicago Tribune, Frances Gertz, an 88-year-old widow and three other condominium owners have been given 30 days by their condo association's management firm to get rid of their cats or face $300/month fines. The felines' owners counter that they have had their cats in their homes for several years, some openly, and some secretly, and management has never objected before.
This story is not unique to Chicago, and the same scene is played out all over the country, giving owners the options of finding new homes for their cats, or moving to a more pet-friendly home, not an easy task for those who own their own condos. A portion of the Fair Housing Act of 1988provides that "owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities.
For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence." In some courts, this rule has extended to emotional disabilities such as depression, as exhibited by the elderly widow, provided sufficient evidence is heard. Unfortunately, condo owners rarely have the financial wherewithal for lengthy court battles against these wealthy corporations, who often have attorneys on retainer. Mrs. Gerz has indicated she will go to court, since the association had denied her appeal s(twice citing the Americans with Disabilities Act) three times.
This story is not unique to Chicago, and the same scene is played out all over the country, giving owners the options of finding new homes for their cats, or moving to a more pet-friendly home, not an easy task for those who own their own condos. A portion of the Fair Housing Act of 1988provides that "owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities.
For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence." In some courts, this rule has extended to emotional disabilities such as depression, as exhibited by the elderly widow, provided sufficient evidence is heard. Unfortunately, condo owners rarely have the financial wherewithal for lengthy court battles against these wealthy corporations, who often have attorneys on retainer. Mrs. Gerz has indicated she will go to court, since the association had denied her appeal s(twice citing the Americans with Disabilities Act) three times.
Comments
How sad for Mrs. Gertz to be faced with such a dilemma. There should be a ‘Grandfather’ clause to those who have lived with their four-legged loved ones for a lengthy time and since no one has objected before, what is the assoc.’s motive?..the condo? Are the other owners senior citizens as well? It seems inhumane to both and shame on the assoc’s firm for such actions. When they are old, what goes around, comes around…beware!
How sad for Mrs. Gertz to be faced with such a dilemma. There should be a ‘Grandfather’ clause to those who have lived with their four-legged loved ones for a lengthy time and since no one has objected before, what is the assoc.’s motive?..the condo? Are the other owners senior citizens as well? It seems inhumane to both owner and pet. Shame on the assoc’s firm for such actions. Remember, what goes around, comes around…beware!
I can’t believe that someone would make an older person who has been widowed and/or otherwise lives alone, to get rid of the only source of affection and love that they might have. How cruel. I would never force anyone to ever get rid of a beloved pet, no matter what the length of time was that they had been together. It’s like taking away a part of the family. Totally inhumane. And what about the pet? They have formed a bond with their human and are now being taken away from them, possibly to never see them again. What happens if they don’t bond with their new humans? It’s just a sad, sad world we live in these days…
I agree with Jude and Cat Lover. I pray that someone steps in and prevents the sadistic separation of Mrs. Gertz and her beloved cat. What is going on with this society?????
This is awful. Is it possible that there is a type of legal aid in this area that could help them. I am a senior citizen and I would rather be on
the street than be without my cats.
What can we do to help these people? I would try to help them if i knew who to contact. Can ASPCA in Chicago or another local org. get involved? Lets try to contact them.
Sorry I guess this stroy is about a woman in Florida. Sorry for my mistake. Any way everyone gets my drift here. They need HELP FAST. SAVE THE CATS.
Tracy, you were correct the first time. I don’t know how I managed to read Florida for three days without catching my mistake. (We’d had a forum discussion recently about Florida condo associations, and it must have stuck in my mind.)
SORRY! :/
I too am curious as to why the company who owns the condo complex has suddenly changed their minds about residents’ keeping small pets…sounds sort of bizarre, eh? My heart goes out to the elders who have a gut-wrenching decision to make about their furry kids!! How ignorant does a human being have to be not to realize that people who love their pets as dearly as we do can’t just toss them away like a used toaster or whatever!?!
Changes can be made and are possible. I’m sure everyone recalls the uproar and anger of America’s citizens during the fiasco by FEMA during Hurricane Katrina–when people were told they could not take their family pets with them during evacuation processing? Well, at least our clueless politicians *finally* passed the Pet Protection Bill (don’t recall the exact title of the law passed) so if another horrible disaster strikes and humans must leave their homes…the animals–who are also part of the family–will not be left to starve, die of dehydration, drowning and God knows what other horrors!
I live in a “retirement community” which allows small animals, but I am not quite past the grieving for my spoiled brat, Rambo. Hah. I’ll get another cat, life is just not complete without a cat arguing with me over who gets the whole bed pillow….haha.
I am an active member of PETA, ASPCA, HSUS, BigCatRescue, Care2, Sierra Club, and, and….ummmm, oy! what a memory! Well, I’m old, guess I’m entitled to a senior moment now and then??
I hope this too-long post will not go to the editor’s Delete button too often –but I have one (two?) last words ….
NEVER, ever feed your cat or dog IAMS pet food.
NEVER, ever buy and eat (bleh!) KFC chicken.
NEVER, ever wear animal fur, even if only trim on a coat, whatever. China abuses and slaughters millions of cats and dogs every year for their fur…then calls the collar on that *lovely* jacket “faux fur”. This is illegal. Authorities are clamping down, but…..
I have links to videos shot undercover by PETA and other animal welfare organizations…of KFC farms. IAMS torture labs. China’s horrible abuse of cats/dogs for fur.
“What goes around comes around” —
This is my extra e-mail URL, if anyone is interested in links to info or videos. Come on over!
http://meandthecat@yahoo.com
=^,,^=
Oh for crying out loud!! What was I thinking? In the e-mail address I used the HTTP:// which, as everyone knows is for websites, not e-mails. (me too, but not today apparently)
Try again, hope this time it works. —
meandthecat@yahoo.com
An 80 year old neighbor just moved into an assisted living facility. Her cat was accepted with open arms.The condo board is just mean spirited
Over the years, my cats have have been less trouble than my children.
My 79 year-old mother has been a cat lover all her life. After the death of her partner, she moved to be near my sister and her family. She now lives in a condo complex that has a ‘No-Pets’ policy. They may as well have a ‘No-Kids’ policy, since pets and kids (and the elderly) are always found together. Indeed, there are many families in that complex who break the rules and have a pet. My mother is alone and depressed. All she wants is a little cat to keep her company! We actually broke down and “smuggled” a cat into her condo, but within days the local busy-body called the condo cops on her. Bye-bye kitty. She rents, rather than owns, but that shouldn’t even matter. There are studies that show that the elderly are less depressed (not to mention less lonely) when they have a pet.
Perhaps assisted living is the way to go?
How sad is that? We have other things to worry about, the war, the economy, what is wrong with these people? Animals make people happy and these people should be allowed to keep their pets. It makes me sick to think how petty this is. My cat comforts me in so many ways and makes me smile. The give you endless love. People are cruel and doing this makes them evenmore cruel and heartless.
Pleeease, condo owners, have a heart!You may be old and alone some day. I hope these cat owners will get some help and be allowed to keep their pets.
I recently did some research regarding if landlords/management could require cat declawing. Although the quotes below specifically pertain to declawing, the resources (Mass Animal Coalition and Doris Day League) are all about landlords allowing pets — perhaps they can help someone…
The MAPCA’s Pets in Housing Program
“Declawing of cats can not be required by management. As the pet owner is fully liable for all destruction of property, management should not anticipate the possibility of damage and request this very painful procedure.” http://www.mspca.org/site/PageServer?pagename=advo_Pets_in_Housing_Program
Best Friends for Life – Humane Housing for Animals & People
Published in 2001 by the Doris Day League and Massachusetts Society for the Prevention of Cruelty To Animals. page 50, “Declawing of cats can not be required by management…”
http://www.ddal.org/pdf/bffl.pdf
Massachusetts Animal Coalition Tips For Landlords DO and DON’Ts for Landlords
“DON’T: Require declawing of cats. This is a cruel and disfiguring procedure which often results in more severe behavior problems. Scratching is better solved with behavior modification and management techniques on the part of the cat owner.” http://www.massanimalcoalition.org/landlords.html#_DO’S_AND_DON’Ts
if there is no pet restrictions written in her mortgage when she purchased the condo, I would think the owners don’t have any legal right to make her give up her cats. She should contact a lawyer who deals in property disputes.
The Condo board must allow the pets if the cats provide health services to the owners. For example, if a pet helps with depression, anxiety, etc. and if the owner can get a doctor’s note saying as much, the Condo board would be breaking the law trying to evict the pets.
This article may help. It’s time we fight for our right to keep our kitties.
http://www.allpetsradio.com/article.php?id=319
More sites on your rights for pet in condos:
http://www.ccfj.net/condopetsdilemma.html
http://www.petsincondos.org/
http://www.ccfj.net/
This actually is not a unique story. I’m in law school and the whole last section of our property class was about this type of thing.
Homeowners almost always loose these court battles. They’ll have to argue waiver but they’ll have to say they were breaking the rule openly and prove the mgmt knew about the cats and did nothing.
In some situations that we studied, the rule about pets in particular condo association were even been changed from allowing pets to NOT allowing pets and as long as the voting procedures were followed in adopting the change, the condo associations won. (Or whatever the procedure is, they differ from situation to situation).
Another reason these suits are hard, is that there is normally a contract that apartment renters or condo/home owners have with their civic associations that say that if the association has to go to court to enforce a rule and the home owner looses in that suit, the home owner pays the association’s legal fees. NOW THAT is expensive.
This is a really crummy truth, but it’s not new news. I agree things should change but I doubt it will change in the court room, you probably need a statute. From the court’s perspective, you agreed to the rule when you moved in or you may have even had to sign a contract agreeing to the pet rule. If a rule didn’t exist at the time, you approved the voting procedures that created the new, crummy rule.
A court isnt’ going to undo that just because it’s a crummy rule.
Seems to me that a “Class Action Lawsuit” might be in order if there are a sufficient number of residents/co-owners adversely affected.
I
ll bet that would make the condo association and/or board sit up & take notice.
It isn’t worth the bother. Move someplace where there are some actual human beings instead of cruel, short-sighted heartless morons running the place. These are the kind of losers who would do something to the cat if they lost a court case, so it isn’t worth it. Forget a whole lot of limburger cheese in hard to find, hard to reach places when you go.
How sad that money is more important to companies than the health of its residents. Haven’t they heard the research that proves elders with pets are more healthy and live longer. Maybe they’re trying to turn-over the condos for more money?
I live in a townhouse for 55+, and pets of 50 pounds or less share our homes. Perhaps something like this could become the rule? Pet ownership creates security and peace for seniors.
Unfortunately, if the building is a no pets building, they are violating the rules. Mustardseed2007 is correct in his comments. The board has an obligation to uphold the condo laws for that building. My guess is that somebody complained and threatened the board. If you get the right lawyer and a compassionate judge, the eldery might have a chance to beat it. What I don’t understand is if nothing has been done in all these years, why not let them keep the pets and enforce the law moving forward? I doubt there were pet rules when the building opened so the right thing to do would be to grandfather the existing pets and take action on any new pets brought into the building. I live in a townhouse and although I own it, I have to live by everyone else’s rules. Luckily, we can have pets.
i have been a cat owner for 17 years. i am now on my second set of cats. during the time i had the first set of cats i had a bad fall and ended up with a cast on my leg. the cats help me a great deal to get better much quicker than the doctors expected. i would also be much more depressed if i didn’t have my cats.
I concur with others who are saddened and angered over the insensitivity of this particular condo board. I only hope they have a chance to read these and to know how despised they are for their heavy-handed treatment of a valued senior citizen and her dear, sweet cat. Perhaps we could all sign a petition and submit it to a state representative in Chicago as well as to the Condo Board. I’m not good at organizing but I sure would help and certainly would sign.
Keep up the good fight Mrs. Gertz! I know that others have won this fight based on depression (it’s real, I’d be miserable w/o my cats). Inform your local media, tv and radio stations, newspapers…maybe you can get someone to do a story. Good luck
I cannot belive that a first world country would have people objecting to keeping cats in their homes which give them love and attention that no human can give, I live in India where animals are not really treated that well (yet), even tho we have many, many strays, people try and feed and take care of as many as possible, cant belive WHITE people behaving like this…!!!
I CANNOT believe the evil I hear and see in this FREE country. The thought of ANYONE having to get rid of a beloved pet especially a kitty, who only brings joy and companionship to their elderly owner. Isn’t is interesting in the ‘enlightened world’ of High Tech, many companies are allowing their employees to bring in their pets when working. They feel that the people are happier, and it provides a bonding with the other employees and management that proves profitable for all. Shame on you evil heartless distroyers of companionship, love and life.
jessica
UNBELIEVABLE, THEY ARE COLD HEARTED. I WOULD NEVER FORCE TO GET RID OF CATS. I LOVE CATS WITH THE BOTTOM OF MY HEART. I TAKE GOOD CARE OF CATS FOR 22 YEARS NOW. I HAVE MANY STRAY CATS IN THE BACKYARD. NO ONE FEED THEM. I AM THE ONLY ONE PERSON TO TAKE CARE OF THEM. I UNDERSTAND HOW THE CATS’ NEED AND ATTENTION. COLD PEOPLE IGNORE THEM. NOT NICE! THEY DONT KNOW ANYTHING ABOUT THE CATS’S RULE AND RIGHTS. I DO RESPECT CATS ALL MY LIFE. IF I WERE A LANDLORD, I WOULD LET TENANT KEEP CATS ALL THE TIME. I STILL HAVE THE 20 CATS IN MY BASEMENT STUDIO. MY LANDLORD DONT KNOW. SSSHHHHH! HAHA
I WOULD SUE THEM. I’D FIGHT BACK TO KEEP THE CATS WITH ME. I NEVER BRING THE CATS TO THE SHELTER. I NEVER TRUSTED SHELTERS AS U KNOW WHY. THE JUDGE WILL KNOW THEY HAVE AN ANIMAL RIGHTS! WE ‘D WIN! CANT BE LOSER. I HOPE THE ANIMAL ORGANIZATION CAN HELP 88 YRS OLD WIDOW TO WIN AND KEEP THE CATS AND I WOULD BE VERY HAPPY TO HEAR THAT WITH MY HEART.
I am so embarassed! In a comment I posted a few days ago I mentioned if anyone was interested in my sending them links for videos of [at least] two well-known companies’ gruesome treatment of animals — IAMS grim abuse of dogs/cats in their labs and KFC’s unbelievably horrible “chicken farms”, I would send them the links.
One nice woman, I am pretty sure her name is “Sharon” replied. Like the dipsy-doodle goofball I am, I managed to lose her e-mail message…..which of course left me without her e-mail address!! *sigh* (I don’t even know if her name IS Sharon, there is no-one signed in on *this* thread with that name??)
Please Sharon, if you see this message, would you forgive me and try again? And I will definitely not lose your address again! Honest!
I have lived in a “no pets allowed” condo for 15 yrs. Five yrs ago I acquired a tabby that I found outside crying and half starved to death. I can understand why the condo’s prohibit dogs, being awakened by barking dogs is not my idea of a good time. However,
cats are kept inside, make no noise and cause no trouble to anyone outside of their own four walls. I have gone to the extent of putting film on all our windows so we can see out but no one can see in, and putting platic trellis on our screened in balcony so no one can see “him” when he’s out there. That cat will go over my cold, dead body! It takes a lot to change existing
condo docs, so sometimes you just have to “work” around them.
How sad – one of the reason this is such an issue is due to the irresponsible pet owners of this country – they make it hard for landlords and housing associations to believe there are responsible owners that do not allow their pets to destroy or in some way abuse the property – we must be responsible for our own pets and we must work equally hard to engender responsibility in all pet owners
I always thought the US as a contry of liberty ,but aparently Iam wrong,I live in a condo and anyone can have pets as long as they are not a nuisan.
I can understand that a big noisy dog is a problem but not a cat,.
What I do suspect is that if these are rental units they want to raise the monthly fee and the best way to go is to force these persons to move.
I do understand that what happens behind my door is my problem as long as this does not causes any problem to anyone specially if I am the owner of the unit.
It is also posible that there is someone living in the condo who is afraid of cats or is a cat hater and is causing the administration of the building todo this.
It’s a rule of the board and if they didn’t like it they didn’t have to buy a condo in that particular building.
One thing left out of the story is how many cats did these people own? They profiled the 88 year old to get sympathy for the story but what if that 88 year old had half a dozen cats?
I have multiple neighbors that let their cats use my garden as a litter box so I can sympathize with everyone in that condo that can’t stand the smell of cats and who are allergic.
Those people knew the rules when they bought the condo and they should not have broken them.