Tenant in Two-Family House Can't Claim Discrimination in Connection with Service Dog

LVT Number: #27089

Tenant in upstate two-family house sued landlord, claiming that landlord discriminated against him. Tenant was an army veteran diagnosed with PTSD who got a service dog as part of his treatment plan after renting the apartment. Dogs weren’t permitted under tenant’s lease. Landlord told tenant that he was selling the house and served tenant a 30-day termination notice. Tenant claimed that landlord’s plan to sell the house was a sham and that landlord’s termination of his tenancy violated the Fair Housing Act and New York State Human Rights Law.

Tenant in upstate two-family house sued landlord, claiming that landlord discriminated against him. Tenant was an army veteran diagnosed with PTSD who got a service dog as part of his treatment plan after renting the apartment. Dogs weren’t permitted under tenant’s lease. Landlord told tenant that he was selling the house and served tenant a 30-day termination notice. Tenant claimed that landlord’s plan to sell the house was a sham and that landlord’s termination of his tenancy violated the Fair Housing Act and New York State Human Rights Law. The court dismissed the case because the premises wasn’t a multiple family dwelling. The discrimination laws tenant relied on therefore didn’t apply.

 

 

 

Klyczek v. Shannon: Index No. 15-CV-0963, NYLJ No. 1202761133919 (WDNY; 6/23/16; Suddaby, J)