Zelmanovich v. Eastmore Owners Corp.

Summary

The Appellate Division, First Department affirmed an order denying Eastmore Owners Corp.'s motion to dismiss claims alleging housing discrimination and failure to provide a reasonable accommodation. The court held that allegations concerning an emotional support dog, inaccurate noise complaints, temporal proximity to notice of the plaintiff's disability, disparate treatment, and failure to engage in an interactive process sufficiently stated claims under the Fair Housing Act, New York City Human Rights Law, and New York State Human Rights Law.

Holdings

1. Plaintiff sufficiently stated causes of action for housing discrimination by alleging that she was a member of a protected class as a disabled person, was qualified for the tenancy, suffered an adverse housing-related action, and that the surrounding circumstances gave rise to an inference of discrimination.
2. Plaintiff sufficiently pleaded failure to provide a reasonable accommodation by alleging that she requested accommodation for her medically prescribed emotional support dog and that Eastmore refused to engage in an interactive process to determine whether a reasonable accommodation was available.

Questions Presented

1. Whether plaintiff sufficiently pleaded housing-discrimination causes of action under the Fair Housing Act, the New York City Human Rights Law, and the New York State Human Rights Law.
2. Whether plaintiff sufficiently pleaded failure to provide a reasonable accommodation under the relevant housing-discrimination statutes.
3. Whether the Supreme Court properly denied Eastmore's motion to dismiss the second, third, and fourth causes of action.

Disposition

affirmed