University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gonzales v. Katchen and Company FH-CO-0002
Docket / Court 1:15-cv-00419-RBJ ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Fair Housing/Lending/Insurance
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On March 3, 2015, two women affected by various disabilities filed this lawsuit in the District Court of Colorado under the Fair Housing Act, 42 U.S.C. § 3601. The plaintiffs sued Katchen and Company, a real estate management company. The plaintiffs, represented by legal services counsel, asked ... read more >
On March 3, 2015, two women affected by various disabilities filed this lawsuit in the District Court of Colorado under the Fair Housing Act, 42 U.S.C. § 3601. The plaintiffs sued Katchen and Company, a real estate management company. The plaintiffs, represented by legal services counsel, asked the court for a declaration that Katchen had violated the Federal Housing Act and appropriate equitable relief, claiming that Katchen had discriminated against the plaintiffs on the basis of their respective disabilities. Both plaintiffs had rented apartments from Katchen, only to be threatened with eviction because of their use of service dogs.

Both plaintiffs suffered from various physical and mental disabilities, including post-traumatic stress disorder, depression, severe diabetes, fibromyalgia and bipolar disorder. Upon renting from Katchen, both had supplied requested documentation concerning their service animals. Months after they had occupied their respective apartments, the plaintiffs each received a "Notice to Quite for Substantial Violation," citing the building's policy against pets.

On April 30, 2015, both parties filed a notice of settlement. On June 1, 2015, the Court (Judge R. Brooke Jackson) dismissed the case, ordering each party to pay their own attorney's fees.

Under the settlement, both plaintiffs were allowed to remain in their apartments with their service animals, without threat of future eviction. The settlement is confidential.

Asma Husain - 09/26/2015


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Issues and Causes of Action
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Issues
Content of Injunction
Reasonable Accommodation
Defendant-type
Housing Authority
Disability
Least restrictive environment
Mental impairment
Mobility impairment
Discrimination-area
Housing Sales/Rental
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Housing
Reasonable Accommodations
Mental Disability
Depression
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Helen Turk, George Turk
Plaintiff Description Gonzales and Eaton are "each an individual with a disability who uses a service dog, on her doctor’s advice, to assist with disability-related needs."
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought Yes
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2015 - 2015
Case Closing Year 2015
Case Ongoing No
Additional Resources
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Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

  The Origins of Fair Lending Litigation
Written: Dec. 04, 2008
By: Andrew Nash (Washington University in St. Louis)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:15-cv-00419 (D. Colo.) 06/01/2015
FH-CO-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Demand 03/02/2015
FH-CO-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Joint Stipulation for Dismissal with Prejudice 06/01/2015 (D. Colo.)
FH-CO-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Jackson, Richard Brooke (D. Colo.)
FH-CO-0002-0002 | FH-CO-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fox, Timothy Patrick (Colorado)
FH-CO-0002-0001 | FH-CO-0002-9000
Morris, Sarah (Colorado)
FH-CO-0002-0001 | FH-CO-0002-9000
Defendant's Lawyers Milstein, Michael Grahame (Colorado)
FH-CO-0002-9000
Sulzer, Victor Lewis (Colorado)
FH-CO-0002-9000
Other Lawyers None on record

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