Ocean Gate Associates Starrett Sys., Inc. v. Dopico

In Ocean Gate Associates Starrett Sys., Inc. v. Dopico, 109 Misc.2d 774 (Civil Ct. Kings Co. 1981), respondents were wheelchair bound tenants, for whom a dog was necessary for the enjoyment of the property. The dogs helped keep the disabled tenants safe and also helped them detect smoke and fire. Without the dogs, the tenants would be subject to an unnecessary risk of harm. To allow the disabled tenants the full and equal freedom to use their dwelling, the court ruled, the landlord had to accommodate the disabled tenants by exempting them from the lease's no pet clause. As Dopico shows, the New York case law makes clear that exempting a disabled person from a generally applicable regulation is a reasonable accommodation where there is a particularized showing of need for that exemption arising from the individual's disability. For example, in Dopico, the court found that a disabled tenant who was confined to a wheelchair was entitled to keep a dog in violation of a no pet clause "upon proof of a specific, particularized need to keep a dog, which need arises out of the handicap." (Dopico, 109 Misc.2d at 775.) The Court refused to grant a landlord summary judgment terminating disabled tenants' lease for keeping a dog in violation of the no pet clause in the lease. The court held that the landlord would be required to make a reasonable accommodation to a disabled tenant who needed to keep a pet because of that person's disability. "The legislative advances protecting the disabled ... require the no-pet clause to bow upon proof of a specific, particularized need to keep a dog, which need arises out of the handicap." (Id. at 775.)