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Question:
My son, 30, lives with me, he has bi-polar and sees a psychiatrist, we live in a co-op in Queens, no pets allowed, how can I get him a Labrador Retriever as a Service Dog.
Answer:
The Fair Housing Act and provisions of New York's Human Rights laws require landlords (this would be applicable to coops too) to make reasonable accommodations in their rules for persons with disabilities. Generally, landlords will be required to make exceptions to no-pet rules to allow persons with disabilities to have emotional support animals. I suggest you obtain a letter from your son's psychiatrist stating your son's diagnosis and how the dog would help your son to better deal with his limitations and improve his daily functioning. If the coop does not give permission after receiving the letter, you can file a complaint with HUD (www.hud.gov) or 800-669-9777. You may wish to hire an attorney to assist you if your coop is uncooperative.
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Question:
I have lived in a rent stabilized apartment in a building managed in Forest Hills, NY. My building is not a co-op. There are several dogs in my building. I have been diagnosed with depression for about 11 years now. Over a year ago I became severely depressed and my psychiatrist recommended I get a small dog to encourage me to walk him or her and to feel better. I have been told by several people in the building that if I just get one no one will say anything, especially if it is a small dog. I am not working and receiving disability. I would hate to get a puppy, fall in love with it, feel better and then get evicted. Someone else told me that if my psychiatrist wrote a letter, the building would have to accommodate my disability, is this true? I am scared to even bring it up to the board. Don't want the super and everyone in my business. Also there is now a no pet policy on all new leases. Thanks in advance.
Answer:
Answer: If you are a rent stabilized tenant, then the provisions of your original lease or any subsequent lease would apply if they contained a provision permitting pets or if there was no mention of pets. This is so even if new tenants are not allowed to have pets and even if one of your subsequent leases contains a no-pet clause. Landlords may not change the terms of a rent stabilized tenant’s lease to take away a right the tenant already had. Thoroughly read (or have an attorney read) your leases to see if there is a no-pet clause. Even if your original lease contains a no-pet restriction, you still should be able to have a pet as a result of your disability. However, that would entail getting a letter from your psychiatrist indicating why he/she is prescribing a dog for your disability. You would then need to provide the letter to your landlord requesting a reasonable accommodation based on your disability. While some landlords still pursue cases against tenants with disabilities claiming that the disability or the need for the animal is not significant enough, tenants suffering from depression who have been under the care of a psychiatrist for several years would normally win such cases. According to Karen Copeland, a New York City/Long Island attorney who represents people facing eviction for having animals, "Under the Federal Fair Housing Act and New York State Human Rights Law, a person with any mental or physical impairment may be entitled to a reasonable accommodation which can include the non-enforcement of a rule or lease provision, including a no-pet clause. What would be required to request this reasonable accommodation would be a letter from a medical professional stating the person's diagnosis and things the animal would do to facilitate the person's dealing with the limitations of his or her disabling condition." --------------------------------------------------------------------------------
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Question:
Another resident in my building would not allow me to enter the elevator due to his phobia of my dog. He asked to leave the elevator, but acted in a strange manner stepping back and forth, provoking my dog to growl in defense. He made something out of nothing. He then wrote the landlord a complain letter stating that the lease says no dogs, questioning the lease and my dog's existence. I was informed by the building that they turn the other way, but take action once the dog is a nuisance. I have lived in this building for eight years now and management is openly aware of my dog since the beginning. This is an isolated incident in which the situation arose purely due to the other person's phobia. He has the mental/emotional problem and now is taking action to try to rid the building of my innocent dog. What can I do? Please kindly respond quickly. The building is sending me a nuisance letter and I need to write back asap. Thank you for any help you can offer.
Answer:
Based on the information you provided in your e-mail, it is doubtful the landlord would be successful in a case based on nuisance. If you live in New York City or in Westchester County, there are pet laws which provide that if a tenant has kept a pet openly for three months or more with the knowledge of the landlord or landlord's agent and the landlord does not commence a legal proceeding within this time to enforce the no-pet lease clause, the no-pet lease clause is waived for the particular pet. The law provides that the waiver provision does not apply if the animal creates a nuisance. If your landlord commences a legal action against you, I strongly suggest that you hire an attorney to represent you. --------------------------------------------------------------------------------
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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.
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