Derek Achong
Weeks after the Housing Development Corporation (HDC) sought an unusual injunction to force the owners of a unit in its townhouse development in El Dorado to remove their two dogs, they (the owners) have complied, negating the need for further legal action.
Early this month, the State housing agency filed for the injunction against Keith and Andra Allen, who own a unit at its Peastree Housing Development.
When the case came up for hearing on Wednesday, the Allens appeared virtually before Seepersad and indicated that the dogs had been removed as initially requested by the HDC.
Seepersad commended the Allens for their approach as he noted that their sublease did require the permission of the HDC to have pets on the compound.
“The defendants’ candour and forthright position has to be applauded. In this society it is rare for persons to take ownership of their errors. The approach adopted is refreshing and welcomed,” Seepersad said.
Based on the undertaking given, Seepersad disposed of the case by issuing an order restraining the couple from having pets without the HDC’s consent.
While the Allens would normally be required to pay the legal costs incurred by the HDC in pursuing the injunction, Justice Seepersad only held them liable for half based on their concession.
Attached to the HDC’s court filings was an affidavit from its managing director Jayselle McFarlane, who explained the corporation’s decision to initiate the legal action.
McFarlane said that the HDC had received numerous complaints about the dogs from other residents in the development.
McFarlane stated that the couple were in breach of the corporation’s policy as the sub-leases for all the homes in the development contain a clause requiring owners to get permission from the HDC for pets.
She claimed that the HDC was forced to file the injunction application after it sought the assistance of the T&T Police Service (TTPS) to have the owners remove the dogs but received no response.
The HDC also included an affidavit from the Allens’ neighbour Kristy Maxwell, who claimed that her seven-year-old son was twice attacked by the couple’s dogs while utilising a communal area.
Maxwell claimed that the first incident happened in October 2020, when the couple’s American Pitbull Terrier, which they no longer have, escaped from their unit.
“My son fell as a result of the dog coming in contact with him and he had to be pulled from beneath the dog by neighbours,” Maxwell said.
The second incident allegedly occurred in October, last year, when the couple’s Siberian Husky escaped their premises.
She claimed that her son, still traumatized from the previous incident, attempted to run away and ran into a wall while looking behind him at the dog.
“My son fell to the ground and was down for a while as he was in shock,” she said.
Maxwell’s affidavit included a petition signed by dozens of residents calling on the HDC to enforce its “no pets” policy. —Derek Achong