Disabled Tenant Can Keep Emotional Support Dog

November 21, 2019

LVT Number: #30473

Landlord cooperative corporation filed an Article 78 appeal of a decision by the NY State Human Rights Division that it unlawfully discriminated against tenant on the basis of disability by not allowing her to keep an emotional support dog. The Human Rights Division also awarded tenant $1,000 for mental anguish and $12,000 in attorney's fees. The court ruled against landlord. There was substantial evidence that tenant suffered from generalized anxiety disorder, a medically demonstrable impairment diagnosed by clinical or laboratory techniques.

Landlord cooperative corporation filed an Article 78 appeal of a decision by the NY State Human Rights Division that it unlawfully discriminated against tenant on the basis of disability by not allowing her to keep an emotional support dog. The Human Rights Division also awarded tenant $1,000 for mental anguish and $12,000 in attorney's fees. The court ruled against landlord. There was substantial evidence that tenant suffered from generalized anxiety disorder, a medically demonstrable impairment diagnosed by clinical or laboratory techniques. Tenant also showed that she required the use of a companion dog to use and enjoy her apartment. The attorneys' fee award also was proper.

Matter of 1 Toms Point Lane Corp. v. NY State Div. of Human Rights: 2019 NY Slip Op 07392 (App. Div. 2 Dept.; 10/16/19; Balkin, JP, Chambers, Leventhal, LaSalle, JJ)

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