$90,000 paid by building owner to settle case of evicting owner of emotional support therapy shih tzu dog

A little dog–specifically a Shih Tzu–has cost a building owner $90,000.

A Brooklyn resident was facing an eviction because management in the building claimed the dog violated the building’s no-dog policy. But the family can now keep the pup — and their home— after persuading an administrative judge that the Shih Tzu is a therapy dog who treats depression by providing emotional support.

The judge recommended that the Brooklyn’s Human Rights Commission penalize the building’s property management firm, Prestige Management, with a fine of $90,000 as a penalty for violating the family’s rights under disability laws by attemting to evict the family without seeking to confirm the legitimacy of their therapeutic claim.

This was not only a victory for Carol T., her daughter Cinnamon and their Shih Tzu named Swag, but for all disabled tenants who have emotional support animals. Even though the pup was initially brought into their apartment hidden inside a baby carriage, the animal now provides emotional support and the building manager should have investigated the assertion further before making any rash judgment or decision.

“Providers of housing accommodations are required to give good-faith consideration to a tenant’s request to keep a pet as a companion or emotional support animal, even if the tenant gets the pet first and asks permission later,” the judge ruled last week in this matter.

Reps for Prestige Management pointed out the lack of any written documentation of Cinnamon’s prior mental treatment history, and a five-year gap that was in the mom’s therapy sessions, but this was not sufficient to convince the judge that no violation of disability laws had occurred.

Hat tip to the New York Post: http://nypost.com/2015/03/19/building-owners-hit-with-90k-fine-for-banning-therapy-dog/