Tenant Didn't Prove Disability Discrimination

In March 2005, tenant sent landlord of co-op building a brief note from her doctor stating that having a pet would be medically and psychologically helpful for tenant's chronic depression. Landlord wrote back that the house rules permitted tenant to have up to two cats, but no dogs. Tenant sent a second request the following month, including another doctor's note stating that having a dog was both therapeutic and necessary "in working through" tenant's "disability." Landlord wrote back and asked for more detailed information supporting tenant's need for a dog. Tenant provided no further information but instead filed a discrimination complaint with the New York State Division of Human Rights (DHR) based on disability. After a hearing, the DHR ruled for tenant and awarded her $5,000 in compensatory damages and $5,000 in punitive damages. Landlord appealed, arguing that the DHR's decision wasn't supported by substantial evidence. The court ruled for landlord and revoked the award. Tenant didn't demonstrate through either medical or psychological expert testimony or evidence that she needed a dog in order to use and enjoy her apartment. In addition, the fact that landlord asked for more information didn't prove that landlord had denied tenant's request for a reasonable accommodation of a disability.

105 Northgate Cooperative v. Donaldson: NYLJ, 8/25/08, p. 26, col. 4 (App. Div. 2 Dept.; Gail Prudenti, PJ, Fisher, Miller, Balkin, JJ)