Tenant Claims Dog Needed as Assistance Animal

Landlord sued to evict rent-stabilized tenant for keeping a dog without landlord’s prior written consent, in violation of tenant’s lease. The court appointed a guardian ad litem (GAL) for tenant. Landlord and tenant later signed a settlement agreement in which tenant said she would get rid of the dog by a certain date. If she failed to do so, landlord could go back to court and seek eviction. When landlord sought eviction based on tenant’s default, tenant claimed that she didn’t understand the settlement, was severely depressed, on medication, and that the dog helped her psychiatric condition. The court ruled for tenant and vacated the settlement agreement. While not apparent when she signed the court stipulation, it was now clear that tenant suffered from severe mental health issues and was heavily medicated at the time she signed the agreement. The case was restored to the court calendar for trial.

The Crenulated Company, Ltd. v. Purvis: 50 Misc.3d 1203(A), 2015 NY Slip Op 51908(U) (Civ. Ct. Bronx; 12/28/15; Vargas, J)