Depressed Tenant Can't Keep Dog

Landlord sued to evict tenant for keeping a dog in violation of her lease. The court delayed ruling in the case because HUD requested a stay while it considered tenant's discrimination complaint. Tenant claimed that the dog was a service dog that assisted her with a mental or emotional disability. After the court delayed the case for three months, it refused to delay further after a second request from HUD. There was no requirement to delay the case and no apparent merit to tenant's claim. Tenant didn't assert discrimination as a defense in the eviction case. Her doctor stated in a letter to HUD that tenant had suffered from depression at times, had become depressed as a result of the eviction proceeding, was helped by but hadn't obtained the dog due to a disability, and that the doctor was unwilling to testify on tenant's behalf. Tenant had found the stray dog less than 90 days before landlord started the eviction proceeding. The court ruled for landlord, but stayed eviction for 10 days to allow tenant time to get rid of the dog in order to avoid eviction.

East River Housing Corp. v. Aaron: Index No. 87932/2012, NYLJ No. 1202624958690 (Civ. Ct. NY; 10/17/13; Kraus, J)