Tenant Can't Keep Therapeutic Pet

December 1, 2004

LVT Number: 17739

Landlord sought permission to evict tenant for keeping a dog in her apartment, in violation of her lease. Tenant claimed that she bought the dog to relieve her daughter's anxiety. HPD ruled that landlord must make an exception to its no-pet policy to accommodate tenant's disabled daughter. Landlord appealed, claiming that HPD's ruling was arbitrary and unreasonable. The court ruled for landlord. There was insufficient proof that tenant's daughter was disabled. And, even if she was disabled, there was no proof that the dog was required for her use and enjoyment of the apartment.

Landlord sought permission to evict tenant for keeping a dog in her apartment, in violation of her lease. Tenant claimed that she bought the dog to relieve her daughter's anxiety. HPD ruled that landlord must make an exception to its no-pet policy to accommodate tenant's disabled daughter. Landlord appealed, claiming that HPD's ruling was arbitrary and unreasonable. The court ruled for landlord. There was insufficient proof that tenant's daughter was disabled. And, even if she was disabled, there was no proof that the dog was required for her use and enjoyment of the apartment. There was no reason for landlord to accommodate tenant.

Contello Towers Corp. v. HPD: NYLJ, 11/17/04, p. 19, col. 1 (Sup. Ct. Kings; Schmidt, J)

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