Federal Court Stays Eviction of Tenant Who Claims Discrimination in Dog Case

LVT Number: #25863

HUD issued a discrimination charge against landlord for barring co-op tenant Aaron and two other tenants from keeping emotional support dogs needed to remediate mental illness. Landlord appealed HUD's decision in federal court. In the meantime, the housing court ruled for landlord in early November 2014 in an eviction proceeding against tenant for harboring the dog, which some claimed was a nuisance. Tenant then asked the federal court to delay her eviction while the federal court decided the eviction case. The court ruled for tenant.

HUD issued a discrimination charge against landlord for barring co-op tenant Aaron and two other tenants from keeping emotional support dogs needed to remediate mental illness. Landlord appealed HUD's decision in federal court. In the meantime, the housing court ruled for landlord in early November 2014 in an eviction proceeding against tenant for harboring the dog, which some claimed was a nuisance. Tenant then asked the federal court to delay her eviction while the federal court decided the eviction case. The court ruled for tenant. If evicted now, the court would lose its ability to provide relief to tenant if it ultimately decided in her favor. And while landlord claimed that the dog was noisy and dangerous, 15 neighbors submitted sworn statements saying that the dog was well behaved. 

U.S. v. East River Housing Corp.: 13 CV 8650 (SDNY; 11/14/14; Ramos, J) [2-pg. doc.]

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