HUD Charges NY Co-Ops With Disability Discrimination For Alleged Attempt To Enforce "No-Pets" Rule On Residents Needing Animals For Emotional Support

The U.S. Department of Housing and Urban Development recently brought non-criminal, administrative charges against downstate New York housing cooperatives in two unrelated cases:

Case #1:

• The U. S. Department of Housing and Urban Development announced [...] that it has charged The Townsend House Corp., a private cooperative in New York City, with housing discrimination for refusing to allow a family to obtain an animal that provides emotional support for their autistic child.

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• After receiving documentation from doctors confirming the child's disabilities and need for an emotional support animal, the co-op agreed to permit the parents to obtain a dog for their son, but subject only to the terms contained in a Pets License Agreement, which was drafted specifically for this family. The parents alleged that the agreement contained unreasonable restrictions.(1)

For more, see HUD Charges New York Co-Op With Discriminating Against Family Of A Disabled Child.

Case #2:

• The U. S. Department of Housing and Urban Development announced [...] that it has charged the owners and board of directors of an apartment building in Rockville Centre, New York, with housing discrimination for refusing to allow a woman with disabilities to keep a pet for emotional support.

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• Mary Pasko,(2) who suffers from arthritis and depression, lived with her daughter Joan Anzelone at the 20-unit building. Ms. Anzelone wrote a letter to the [co-op association] requesting a waiver of its no-pet policy to allow her mother's dog Coco to reside with them as an emotional support animal for her mother. The request was denied and Anzelone was given three weeks to remove Coco.

• The board also threatened to pursue legal action and deny parking privileges if the dog was not removed within that time frame. When the family's attorney offered to provide physician statements, the request was again denied and the board of directors later initiated legal action against Ms. Anzelone.

For more, see HUD Charges New York Landlords With Discriminating Against A Disabled Resident.

(1) According to the HUD press release, in addition to requiring the parents to obtain insurance providing liability coverage of $1,000,000.00, the Agreement imposed other discriminatory terms, including a ten-pound weight limit; a limit on how long the service animal could be left alone in the apartment; and a requirement that the dog be muzzled when in the co-op's common areas. HUD's investigation confirmed that the Agreement contained unreasonable restrictions that in effect denied the reasonable accommodation to the child, the press release stated.

(2) According to the charges, Pasko is a 90 year old woman with physical and mental disabilities, including heart disease, hypertension, arthritis, and depression. Her physical impairments coupled with her depression pose substantial limitations on her ability to care for herself, the charges allege.