Tenant Claims Therapy Dog Needed as Treatment for Disability

Landlord sued to evict tenant who kept a dog in violation of his lease and didn't remove the dog after landlord sent tenant a notice to cure. Tenant then complained to the State Division of Human Rights (DHR), claiming discrimination. Tenant argued that the pet was a therapy dog needed to relieve tenant's depression. The DHR later sued landlord to recover damages based on unlawful discrimination. Landlord asked the court to bar DHR from presenting testimony or documents asserting that tenant should be allowed to keep the dog as a reasonable accommodation to his disability. The court ruled for landlord. Tenant's psychotherapist wrote varying opinions over time as to tenant's diagnosis. At one point the therapist stated that, while tenant was no longer depressed, he needed the dog to prevent a recurrence of the symptoms. The court agreed with landlord that these statements were too speculative to prove that tenant was suffering from a disability that required a reasonable accommodation. 

New York State Division of Human Rights v. 111 East 88th Partners: Index No. 402894-2007, NYLJ No. 1202670317446 (Sup. Ct. NY; 9/5/14; Silver, J)