Tenant Doesn't Prove Second Dog Needed to Accommodate Disability

Section 8 tenant's lease prohibited her from keeping dogs or cats as pets. At some point tenant got a dog, which landlord allowed her to keep as an accommodation for unspecified reasons. Landlord denied tenant's request to get a second dog. In 2009, tenant took in a second dog anyway without notifying landlord. When tenant recertified her lease later that year, she stated that she didn't have a second dog. In 2010, landlord discovered the second dog and received complaints that the dog was disturbing the neighbors. Landlord immediately sent tenant a notice to cure. Tenant claimed in response that she had had the second dog for more than 90 days and that landlord therefore had waived its right to seek its removal. Tenant didn't claim at that time that she had a disability or that the second dog was a service or comfort dog. Landlord then sued to evict tenant, and tenant in turn filed housing discrimination complaints with HUD and New York State Division of Human Rights (DHR). These complaints were dismissed.

Tenant then appealed DHR's determination that there was no discrimination. The court ruled against tenant. The housing court then ruled for landlord but stayed the eviction warrant for six weeks to let tenant get rid of the second dog. Tenant didn't appeal that decision. Instead, tenant sued landlord in federal court, claiming that landlord had violated her civil rights based on her disability. Tenant got a temporary restraining order stopping her eviction while she pursued her federal court case. Tenant then sought a preliminary injunction, while landlord asked the court to dismiss the case.

The court ruled for landlord. Tenant was diabetic and claimed that the second dog alerted her when her blood sugar became low. But her dog trainer testified that a dog couldn't be trained to do this. Tenant identified no major life activity that was impaired by her diabetic condition. And tenant walked her dogs and worked seven days a week as a home health aide, commuting daily via public transportation. Tenant failed to show how allowing her to keep a second dog was a reasonable accommodation of a disability. Landlord could proceed with the eviction.

Ayyad-Ramallo v. Marine Terrace Associates LLC: Index No. 13-CV-7038, 2014 WL 2993448 (EDNY; 7/2/14; Chen, DJ)