Landlord Didn't Discriminate Against Tenants with Dog

Co-op building tenants complained to the New York State Division of Human Rights (DHR) that landlord discriminated against them because of a disability. Tenants claimed that they were disabled and that their disability required them to keep a dog. Both had kidney disease and suffered from depression. Landlord had sued to evict them for violating the building's "no dogs" policy. The DHR ruled for tenants and found that landlord had to reasonably accommodate tenants. The DHR said that tenants could keep the dog and that landlord had to pay them $7,500 in damages. Landlord appealed, claiming that the DHR's decision wasn't supported by substantial evidence. The court ruled for landlord. Although tenants showed that the dog helped them with their depression symptoms, they failed to present any medical or psychological proof to demonstrate that the dog actually was necessary in order for them to enjoy the apartment. So the DHR's decision wasn't supported by substantial evidence and was overruled.

Kenedy Street Quad, Ltd. v. Nathanson: 2009 WL 1415519 (5/19/09) (App. Div. 2 Dept.; Dillon, JP, Angiolillo, Dickerson, Eng, JJ)