Did Landlord Illegally Seek Removal of Tenant's Service Dog?

Tenant sued landlord, claiming that landlord terminated her tenancy due to tenant’s service dog, in violation of the Fair Housing Act (FHA). The court ruled against tenant because he didn’t state facts indicating that the residence was a multifamily house. Tenant then filed an amended complaint, which landlord asked the court to dismiss without a trial. The court ruled against landlord. What constitutes a single-family house is based on the house’s design and use. The amended complaint plausibly suggested that the building was a multifamily residence, stating that: (1)  there were two apartments with separate entrances, kitchens, and bathrooms; (2) the house was described as a multifamily residence in public records and in landlord’s real estate listing; and (3) landlord told tenant she was renovating the upper apartment to accommodate a second tenant. More facts were needed to decide the case.

Klyczek v. Shannon: Index No. 15-CV-0963, NYLJ No. 1202773822087 (WDNY; 12/1/16; Suddaby, DJ)