Does Tenant's Service Dog Pose Threat to Staff and Other Tenants?

Landlord NYCHA, after a hearing, directed schizophrenic tenant to remove his dog from his apartment and put tenant on probation for one year. Tenant filed an Article 78 appeal, claiming that landlord's decision was arbitrary and not based on substantial evidence. The court ruled for tenant and sent the case back to NYCHA for reconsideration. Tenant claimed that the dog was a service animal. NYCHA hadn't assessed factors needed to establish that the dog presented a "direct threat" exemption to the Fair Housing Amendments Act requirement to give tenant a reasonable accommodation for a disability. NYCHA had made its decision quickly after an employee claimed the dog bit her when she appeared at tenant's apartment. NYCHA needed to make findings about the nature, duration, and severity of the risk posed by the dog, probability that injury would occur, and mitigation of risk.

Washington v. Olatoye: Index No. 8697 (101239/16), 2019 NY Slip Op 04644 (App. Div. 1 Dept.; 6/11/19; Acosta, PJ, Manzanet-Daniels, Kapnick, Kohn, Oing, JJ)