Tenant Claims Pet Needed Because of Disability

April 1, 2000

LVT Number: 13988

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant claimed that she needed the dog to help with her disability and that landlord was illegally discriminating against her. Tenant had diabetes and was legally blind. She claimed that the dog was a ''comfort animal'' and helped relieve depression. After landlord started the eviction case, tenant filed a disability discrimination complaint against landlord with HUD. HUD referred tenant's complaint to the state's Division of Human Rights (DHR).

Landlord sued to evict tenant for keeping a dog in violation of her lease. Tenant claimed that she needed the dog to help with her disability and that landlord was illegally discriminating against her. Tenant had diabetes and was legally blind. She claimed that the dog was a ''comfort animal'' and helped relieve depression. After landlord started the eviction case, tenant filed a disability discrimination complaint against landlord with HUD. HUD referred tenant's complaint to the state's Division of Human Rights (DHR). The court found that DHR should decide the issue of whether landlord was discriminating against tenant and decided to delay any ruling in the eviction case until DHR ruled on the discrimination issue.

90-10 149th St. v. Badillo: NYLJ, 3/8/00, p. 30, col. 5 (Civ. Ct. Queens; Leverett, J)

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