Disabled Tenant Needs Emotional Support Dog

Tenant moved into the building in 2011 and had been diagnosed at that time with a major depressive disorder and generalized anxiety disorder. In 2013, tenant asked landlord for an accommodation so that he could get an emotional support dog despite the building's no-pet policy. Tenant included with his request a letter from a therapist recommending the dog to help with tenant's chronic mental illness. Landlord denied tenant's request but said it would allow tenant to have a bird or a cat, or let him terminate his lease early. Tenant then complaint to the NY State Attorney General, who investigated whether landlord's denial was discriminatory. While the investigation was pending, landlord sued tenant, seeking a ruling that its denial didn't violate the federal Fair Housing Act (FHA) or the NY Human Rights Law (HRL). In response, tenant counterclaimed for discrimination and for retaliation based on landlord's shortening of tenant's renewal lease. The trial court ruled for landlord, finding that while tenant's request clearly appeared to be reasonable, tenant didn't prove that having an emotional support dog was a necessary accommodation and failed to prove retaliation.

Tenant appealed and won in part. The appeals court dismissed the landlord's lawsuit, finding that it was premature. There was no harm resulting from the tenant merely asking for an exception to the no-pet policy. The appeals court also found that tenant was disabled and that an emotional support dog was necessary to give him an equal opportunity to use and enjoy his apartment within the meaning of the FHA and the HRL. The case was sent back to the lower court, which found that there were additional questions that required a hearing before making a determination on the tenant's request.

Landlord appealed and lost. The lower court did nothing to violate prior orders in this case, and properly scheduled a hearing for additional testimony and determination of damages on the retaliation claim.

Hollandale Apts. & Health Club, LLC v. Bonesteel: 2021 NY Slip Op 06726 (App. Div. 3 Dept.; 12/2/21; Garry, PJ, Egan Jr., Aarons, Pritzker, Colangelo, JJ)