Co-op Shareholder Tenant Sues Over Landlord's Claim That Her Dog Creates Nuisance

A cooperative shareholder tenant sued landlord co-op corporation for disability discrimination and sought a ruling that landlord's attempt to evict her due to baseless claims that her emotional support dog barked excessively was a violation of the Fair Housing Act, the NYC Admin. Code Section 8-107(8), and NY Executive Law Section 296(18)(2). Landlord asked the court to dismiss the case for failure to state a cause of action. Landlord said it received complaints about the dog barking and that any "reasonable accommodation" for tenant's claimed disability shouldn't allow unfettered barking by the dog to continue to the detriment of other residents. Landlord also argued that its board had a fiduciary duty under the business judgment rule to take appropriate action. Landlord pointed out that the court and appeals court had previously denied tenant's Yellowstone injunction against landlord. In response to landlord's current request to dismiss the case, tenant asked the court for sanctions against landlord. 

The court ruled against landlord. Denial of tenant's Yellowstone injunction request didn't refute her claims. And, under the business judgment rule, the board's decisions are protected from judicial scrutiny unless it's shown that the co-op's decision was rendered in bad faith or in furtherance of purposes other than those legitimately held by the co-op corp. Since tenant claims that no unreasonable noise was coming from her apartment and that landlord's reliance on the false complaints of one tenant was made in bad faith, tenant had a colorable claim that landlord's actions were discrimination. The court also denied tenant's cross-motion for sanctions. 

Zelmanovich v. Eastmore Owners Corp.: Index No. 650443, 2025 NY Slip Op 31322(U) (Sup. Ct. NY; 4/11/25; Saunders, J)