NYCHA Tenant Can Keep Pit Bull Dog

NYCHA ruled that tenant couldn't keep her pit bull dog at the building. NYCHA's rules stated that pit bulls weren't allowed at its buildings unless the dog was a service dog. Tenant appealed, claiming that NYCHA's decision was unreasonable. Tenant claimed that although the dog wasn't a service dog, she needed the dog for emotional support to help with her psychiatric disability. NYCHA pointed out that the dog had bitten another tenant and that NYCHA had ruled that tenant must get rid of this dog but could replace it with another similar dog, even a pit bull. The court ruled for tenant and revoked NYCHA's decision as too harsh. The dog had bitten only one person and had no prior history of vicious propensity. The court said that tenant could keep her dog on condition that she muzzle the dog when her apartment door was open or when she took the dog outside the apartment onto NYCHA property. 

Kovalevich v. Rhea: Index No. 402392/2010, NYLJ No. 1202624958767 (Sup. Ct. NY; 9/27/13; Billings, J)