Rutherford Co-op Pays Price for Mismanaging Emotional Support Animal Request

When shareholders and unit-owners request to have emotional support animals …

TAKE DISABILITY CLAIMS SERIOUSLY

When shareholders and unit-owners request accommodations for emotional support animals, it’s important to handle these situations carefully. The Rutherford, a pet-friendly co-op in New York City, learned this the hard way when it confronted a shareholder who had three parrots that squawked loudly. She claimed they offered emotional support, but the board thought otherwise. Unfortunately this misjudgment had financial consequences and landed them in federal court. 

PESKY PARROTS. The Rutherford case may become shorthand for how not to deal with issues around emotional support animals. A woman moved into the building and brought three parrots with her. One of her adopted birds was apparently particularly loud and they would squawk all night and all day. Eventually the board issued a notice saying the noise was a nuisance, and when she didn’t respond, they started a proceeding to evict her. Under the proprietary lease, the board does have an obligation to give people quiet enjoyment of their apartments, so the board presumably had reason to believe it was acting in line with their governing documents and the law.

THE LAST WORD. Once in court, the shareholder with the parrots notified the co-op that these were emotional support animals and provided a letter from a Columbia University professor certifying this. Unfortunately for the co-op, they didn’t really take this information seriously. Federal disability laws trump whatever is in your proprietary lease. The board insisted the shareholder get an alteration agreement, pay legal fees and figure out how to install soundproofing in order to continue living with the parrots. However, under federal law it is the co-op’s responsibility to make reasonable accommodations for someone living with a disability.

PAYING A HIGH COST. Had the board followed proper procedures, they could have avoided a lawsuit and saved hundreds of thousands of dollars. Nowhere in the case did the federal government or the court say that parrots squawking at all hours of the night was not something to be addressed, but giving the shareholder the ultimatum to sort it out or face eviction was unreasonable and discriminatory. As a result, the co-op ended up with a federal government lawsuit, ultimately settling for around $165,000 for the pain and suffering caused to the shareholder and agreeing to buy her apartment for approximately $585,000. The total financial burden on the co-op exceeded $800,000. It’s also likely the co-op will face challenges securing directors and officers insurance or reinsurance in the future, as carriers are typically reluctant to cover entities that violate federal disability laws.

TAKEAWAY. One key takeaway from this case is the importance of having a reasonable accommodation policy in place before any issue arises. A good policy should provide clear guidance on how to respond to requests for accommodations, ensuring that both the rights of the person with a disability and the interests of other residents are protected. Emotional support animals, while often controversial, are protected under federal law. Boards must handle these situations carefully and ensure they follow all legal guidelines and take the issue seriously or they risk severe financial and legal repercussions.