A New York City co-op board sued a shareholder resident for violating her proprietary lease by keeping eight dogs and two cats in her apartment. This created noise and odors that other residents complained about. The co-op board didn't seek eviction but sought removal of five of the eight dogs.
The resident argued that she was disabled after suffering a stroke at a young age. She also suffered from major depressive disorder and generalized anxiety disorder. Her doctor said that she needed all the animals to prevent her from becoming suicidal. The resident asked the court to dismiss the case without a trial. She claimed that the co-op board had waived its right under the city’s pet waiver law to object to the dogs by not seeking removal within three months after she acquired each one. She also claimed that she needed all the animals as a reasonable accommodation for her disability.