Tenant Claims Husband Needed Dog as Therapy Animal

July 20, 2017

LVT Number: #27780

Landlord cooperative corporation sued to evict shareholder tenant for keeping a dog in violation of his proprietary lease and house rules. Tenant claimed that the dog was a therapy animal for his husband, who suffered from anxiety and depression. Tenant asked the court to stay the eviction proceeding because tenant had filed a discrimination complaint with the Department of Human Rights, claiming that landlord failed to accommodate his husband's disability. The court ruled against tenant. A stay of the eviction case wasn't warranted.

Landlord cooperative corporation sued to evict shareholder tenant for keeping a dog in violation of his proprietary lease and house rules. Tenant claimed that the dog was a therapy animal for his husband, who suffered from anxiety and depression. Tenant asked the court to stay the eviction proceeding because tenant had filed a discrimination complaint with the Department of Human Rights, claiming that landlord failed to accommodate his husband's disability. The court ruled against tenant. A stay of the eviction case wasn't warranted. The eviction case was started before tenant filed the DHR complaint. And the housing court had the expertise to determine whether tenant's husband needed the dog.

Silver Towers Owners Corp. v. DaCosta: 55 Misc.3d 1224(A), 2017 NY Slip Op 50784(U) (Civ. Ct. Queens; 6/12/17; Rodriguez, J)

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