U.S. Attorney Settles Civil Rights Lawsuit To Allow Tenant To Keep An Assistance Animal

Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has simultaneously filed and settled a civil rights lawsuit against Friedman Residence, LLC, Breaking Ground, and The Actors Fund of America, for violating the Fair Housing Act. Specifically, the lawsuit alleges that Friedman Residence, LLC, Breaking Ground, and The Actors Fund of America discriminated against a tenant (the “Tenant”) of the Dorothy Ross Friedman Residence (the “Friedman Residence”), by failing to permit a reasonable accommodation of the Tenant’s psychiatric disability. The consent decree was approved on February 24, 2017, by U.S. District Court Judge P. Kevin Castel.

U.S. Attorney Preet Bharara said: “This is yet another lawsuit brought to enforce the rights of tenants with disabilities to live with assistance animals. Through this settlement, Friedman Residence, LLC, Breaking Ground, and The Actors Fund of America will improve housing accessibility for all residents of the Dorothy Ross Friedman Residence.”

As alleged in the Complaint filed in federal court:

Friedman Residence, LLC, Breaking Ground, and The Actors Fund of America are the owner, manager, and sponsor of the Friedman Residence, which provides supportive housing in shared and single-occupancy apartments to special low-income groups, including seniors, working professionals, and persons living with HIV/AIDS. The Friedman Residence has a “no pet” policy.

The Tenant shared an apartment at the Friedman Residence, and has a psychiatric disability. In February 2013, the Tenant asked that the Friedman Residence grant him a reasonable accommodation to live with an emotional support dog that alleviates the symptoms of his disability. The Tenant provided a letter from his long-time therapist explaining that the emotional support dog was a “necessary form of support” for him. Despite the Tenant’s request for a reasonable accommodation, the Friedman Residence served him with a Notice of Termination and a petition seeking a final judgment of eviction.

Under the consent decree approved on February 24, 2017, Friedman Residence, LLC, Breaking Ground, and The Actors Fund of America will adopt a new reasonable accommodation policy regarding assistance animals that is incorporated into the consent decree. Friedman Residence, LLC, Breaking Ground, and The Actors Fund of America have further agreed to comply with certain notice, training, and recordkeeping requirements to ensure that their employees are knowledgeable about and comply with the requirements of the Fair Housing Act, and to allow the United States to monitor compliance with the consent decree. In addition, Friedman Residence, LLC, Breaking Ground, and The Actors Fund of America have agreed to pay the Tenant $20,000 in compensatory damages and to place the Tenant on the waitlist for a single-occupancy apartment at the Friedman Residence.

Mr. Bharara thanked HUD for its efforts in the investigation.

The case is being handled by the Office’s Civil Rights Unit. Assistant United States Attorney Talia Kraemer is in charge of the case.