Every Dog Will Have Its Day

Virginia Hough filed a complaint with the State Division of Human Rights against 1 Toms Point Lane Corporation , a residential cooperative, alleging a violation of the New York State Human Rights Law. Hough charged the co-op with discriminating against her on the basis of disability because she was not allowed to keep an emotional support dog in her apartment to help ameliorate her generalized anxiety disorder.

After a hearing, an administrative law judge made a recommendation and findings in favor of Hough. Toms Point was directed to cease and desist from enforcing against Hough any rules or policies prohibiting dogs and awarded Hough compensatory damages of $1,000 for mental anguish. The Commissioner of the Division adopted the judges recommendation and findings. And the co-op filed a proceeding to review the Commissioner’s determination. The Division cross-petitioned to enforce the order.