Geraci v. Union Square Condominium Association

Geraci owns and lives in a unit at Union Square. After an incident in a Union Square’s elevator, involving another individual and several dogs, Geraci sought psychological treatment and was diagnosed with post‐traumatic stress disorder (PTSD). Geraci’s accommodation request was denied by Union Square. Geraci sued, alleging failure to accommodate her handicap and retaliation by the association, citing the Fair Housing Act (FHA, 42 U.S.C. 3617), because Union Square’s Board published litigation updates and held an open forum to update owners about the status of the lawsuit. Over Geraci’s objection, Union Square presented testimony of the psychiatrist who had previously conducted a court-ordered FRCP 35 examination; the testimony contradicted the diagnosis of Geraci’s treating psychologist, diagnosing her with three separate mental conditions, none of which were PTSD. The jury returned a verdict in favor of Union Square. The Seventh Circuit affirmed. Geraci fails to point to any conduct that a person of normal fortitude would view as coercive, intimidating, threatening, or interfering with the exercise of her protected right under the FHA and the court did not abuse its discretion in allowing testimony by the psychiatrist. View "Geraci v. Union Square Condominium Association" on Justia Law