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ukeka · 09-13-2005, 04:15 PM

Part 2

Cooperative and condo owners with a physical or mental disability are also protected by the federal Fair Housing Act and the City of New York Civil Rights Act. These laws provide that disabled individuals be given a "reasonable accommodation" to 'use and enjoy' their homes by "housing providers", including co-ops and condos. The failure of a landlord, cooperative or condo board to grant such a "reasonable accommodation" might be found to be an act of discrimination against a disabled person in violation of the aforementioned statutes.

Federal and local case law has recognized that the keeping of a pet can be such a "reasonable accommodation" under the statutes. If a tenant can prove that he has any physical or mental impairment, (and, additionally, which interferes with a major life activity, under the federal law) and has a medical need to keep the pet, which must be proven with the testimony and support of a medical professional then the landlord must permit him to keep it.

Failure of the landlord to grant such a reasonable accommodation to keep a pet is an "unlawful discriminatory practice" under the law, equivalent to refusing to put in a ramp for a wheelchair bound tenant.

The co-op board, or individual unit owner who rents his unit could be liable for compensatory and punitive damages in state or federal court, as well as hefty fines which may be levied by such regulatory agencies as the federal Department of Housing and Urban Development, or the City of New York Commission on Human Rights for failure to grant such an accommodation to a disabled tenant.

The federal Fair Housing Act, and the New York City Civil Rights Law require that a housing provider give a "reasonable accommodation" to a disabled individual to use and enjoy his or her home by keeping a medically necessary companion animal.

The term "disabled" pertains to all kinds of mental and physical disabilities, not just such obvious disabilities as blindness or paralysis. The laws also cover people with conditions such as mental illness, chronic depression, diabetes, hearing loss, AIDs, arthritis. If the tenant can prove disability, (being on Social Security Disability is probably dispositive proof of disability in itself) and prove a medical need for a pet, then the landlord must permit the tenant to keep the pet, or face punitive damages under the statutes preventing discrimination against the disabled. The medical necessity of keeping a pet may be demonstrated, for purposes of filing a complaint with HUD or the City of New York Human Rights Commission, by a doctor's note attesting to the benefits provided by the pet. Your doctor must also be willing to testify at a hearing, although such cases usually settle quickly due to the serious "down-side potential" faced by a landlord.

The law includes, but is not limited to, "seeing eye" dogs, and "hearing" dogs, but also companion animals who provide the service of emotional support to their disabled owners. For example, a key case recently before HUD fined a co-op board several thousands of dollars for refusing to grant the reasonable accommodation of non-enforcement of an applicable "no pet" clause to a tenant with chronic depression to keep her pet Yorkshire terrier, for the unconditional love the dog provides, which her psychiatrist attested that the tenant needed.

If the Board or landlord refuses permission to keep an emotional support assistance pet, or refuses to rent to a disabled person who has shown a medical need to keep an animal, the aggrieved person may file a complaint against the Board with the City Civil Rights Commission or the State Attorney General Civil Rights Office, or file a complaint in federal and state courts for punitive damages for an unlawful discriminatory practice. The statutes may also be used as a defense to an eviction proceeding.

These laws apply equally to the cooperator who rents his unit. The Board may scoff at being asked to refrain from enforcing their "no pet" rules for the benefit of a tenant with a disability such as chronic depression. Nevertheless, such a denial may cost thousands of dollars in fines and punitive damages if the tenant can prove her case to HUD, or in a federal court.

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This article is intended to be of general information and is not a substitute for legal advice. If you are being sued, see an attorney at once to help you to defend yourself and assert your rights under the law.

Karen Copeland is an attorney in private practice focusing on issues pertaining to companion animals in housing. Formerly, she was a staff attorney for the Housing Litigation Bureau of the Department of Housing Preservation and Development of the City of New York. She may be reached at (212) 560-7154. Copyright Karen Copeland 1998; reproduced on TenantNet by permission, all other rights reserved.

09-13-2005, 04:15 PM	#2
ukeka YT Addict Join Date: Apr 2005 Location: New Rochelle,NY Posts: 374	Part 2 Cooperative and condo owners with a physical or mental disability are also protected by the federal Fair Housing Act and the City of New York Civil Rights Act. These laws provide that disabled individuals be given a "reasonable accommodation" to 'use and enjoy' their homes by "housing providers", including co-ops and condos. The failure of a landlord, cooperative or condo board to grant such a "reasonable accommodation" might be found to be an act of discrimination against a disabled person in violation of the aforementioned statutes. Federal and local case law has recognized that the keeping of a pet can be such a "reasonable accommodation" under the statutes. If a tenant can prove that he has any physical or mental impairment, (and, additionally, which interferes with a major life activity, under the federal law) and has a medical need to keep the pet, which must be proven with the testimony and support of a medical professional then the landlord must permit him to keep it. Failure of the landlord to grant such a reasonable accommodation to keep a pet is an "unlawful discriminatory practice" under the law, equivalent to refusing to put in a ramp for a wheelchair bound tenant. The co-op board, or individual unit owner who rents his unit could be liable for compensatory and punitive damages in state or federal court, as well as hefty fines which may be levied by such regulatory agencies as the federal Department of Housing and Urban Development, or the City of New York Commission on Human Rights for failure to grant such an accommodation to a disabled tenant. The federal Fair Housing Act, and the New York City Civil Rights Law require that a housing provider give a "reasonable accommodation" to a disabled individual to use and enjoy his or her home by keeping a medically necessary companion animal. The term "disabled" pertains to all kinds of mental and physical disabilities, not just such obvious disabilities as blindness or paralysis. The laws also cover people with conditions such as mental illness, chronic depression, diabetes, hearing loss, AIDs, arthritis. If the tenant can prove disability, (being on Social Security Disability is probably dispositive proof of disability in itself) and prove a medical need for a pet, then the landlord must permit the tenant to keep the pet, or face punitive damages under the statutes preventing discrimination against the disabled. The medical necessity of keeping a pet may be demonstrated, for purposes of filing a complaint with HUD or the City of New York Human Rights Commission, by a doctor's note attesting to the benefits provided by the pet. Your doctor must also be willing to testify at a hearing, although such cases usually settle quickly due to the serious "down-side potential" faced by a landlord. The law includes, but is not limited to, "seeing eye" dogs, and "hearing" dogs, but also companion animals who provide the service of emotional support to their disabled owners. For example, a key case recently before HUD fined a co-op board several thousands of dollars for refusing to grant the reasonable accommodation of non-enforcement of an applicable "no pet" clause to a tenant with chronic depression to keep her pet Yorkshire terrier, for the unconditional love the dog provides, which her psychiatrist attested that the tenant needed. If the Board or landlord refuses permission to keep an emotional support assistance pet, or refuses to rent to a disabled person who has shown a medical need to keep an animal, the aggrieved person may file a complaint against the Board with the City Civil Rights Commission or the State Attorney General Civil Rights Office, or file a complaint in federal and state courts for punitive damages for an unlawful discriminatory practice. The statutes may also be used as a defense to an eviction proceeding. These laws apply equally to the cooperator who rents his unit. The Board may scoff at being asked to refrain from enforcing their "no pet" rules for the benefit of a tenant with a disability such as chronic depression. Nevertheless, such a denial may cost thousands of dollars in fines and punitive damages if the tenant can prove her case to HUD, or in a federal court. ---------------- This article is intended to be of general information and is not a substitute for legal advice. If you are being sued, see an attorney at once to help you to defend yourself and assert your rights under the law. Karen Copeland is an attorney in private practice focusing on issues pertaining to companion animals in housing. Formerly, she was a staff attorney for the Housing Litigation Bureau of the Department of Housing Preservation and Development of the City of New York. She may be reached at (212) 560-7154. Copyright Karen Copeland 1998; reproduced on TenantNet by permission, all other rights reserved.