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Scott E. Mollen

Landlord-Tenant – Emotional Support Dog –Landlord Constructively Denied Tenant’s Request for Reasonable Accommodation in Violation of Fair Housing Act—Landlord’s Attorney Must Appear For Limited Deposition—Attorney Client and Work Product Privileges

This decision involved an apartment building’s no-dog rule. A rent controlled tenant, has “end-stage renal disease and depression” and had twice requested “permission to keep an emotional support dog in his home.” The first request was made in June 2015. A second request was made in June 2017 for a second dog after his first dog had died.

With respect to his 2017 request, the tenant submitted a doctor’s letter, which “confirmed that he received hemodialysis at home five times a week…and a letter from his therapist, noting that refusing the request for an emotional support dog would ‘be a serious threat to his health and his life.’”

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