Tenant Claims She Needs Dog Due to Disability

January 9, 2012

LVT Number: #23805

Landlord sued tenant to enforce a letter agreement they signed in which tenant agreed she wouldn't keep a dog in her apartment. Tenant had signed the letter, but then got a dog without landlord's consent. Landlord sued to evict tenant, who claimed that she got rid of the dog. But tenant now claimed that she signed the letter under duress and that landlord unlawfully discriminated against her as a disabled person who needed a service dog due to her depression. Although she hadn't raised this defense at first, the court allowed tenant to amend her answer to landlord's complaint.

Landlord sued tenant to enforce a letter agreement they signed in which tenant agreed she wouldn't keep a dog in her apartment. Tenant had signed the letter, but then got a dog without landlord's consent. Landlord sued to evict tenant, who claimed that she got rid of the dog. But tenant now claimed that she signed the letter under duress and that landlord unlawfully discriminated against her as a disabled person who needed a service dog due to her depression. Although she hadn't raised this defense at first, the court allowed tenant to amend her answer to landlord's complaint. There were questions of fact as to whether tenant was disabled, whether she required a dog as a support animal, and whether this was a reasonable accommodation that landlord must provide.

NAR Apartments LLC v. Ippolito: Index No. 107866/10, NYLJ No. 1202535365618 (Sup. Ct. NY; 11/21/11; Rakower, J)

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