Co-op Tenant Claims She Needs Dog to Treat Disability

Landlord cooperative corporation sued to evict tenant shareholder for keeping a dog in her apartment in violation of tenant's lease. Landlord asked the court to rule on the case without a trial. Tenant asked the court to delay ruling pending the outcome of her discrimination complaint before the State Division of Human Rights (DHR). The court ruled for landord and ruled against tenant based on DHR's April 2013 ruling that there was no probable cause to believe that landlord discriminated against tenant. Tenant later asked the court to reconsider based on new evidence. The court ruled for tenant and stayed any eviction pending a ruling by DHR. Tenant's lease prohibited pets. But tenant claimed that she adopted the dog in August 2012 and that it had helped her anxiety to the point that she no longer required medication. DHR initially found that tenant's evidence only showed that the dog was helpful, but not necessary to treat her medical condition. But after the court's initial ruling in landlord's favor, HUD notified landlord that DHR was reconsidering and asked landlord and the court to stay the eviction proceeding. The court agreed to do so.

East River Housing Corp. v. Aaron: 40 Misc.3d 1213(A), 2013 NY Slip Op 51173(U) (Civ. Ct. NY; 7/17/13; Kraus, J)