Probable cause found that co-op board had violated complainant’s fair housing rights
Case Study: U.S. v. Rutherford Tenants Corp
HUD filed suit on behalf of a complainant regarding a dispute with her Manhattan co-op board (Rutherford) concerning her emotional support animals. Complainant moved into her unit in 1999 with two emotional support parrots. She got a third parrot in 2015. In 2015 Rutherford began receiving noise complaints. Although the New York City Department of Environmental Protection sent inspectors out to the building 15 times and they did not find any evidence of birds screeching or noise, Rutherford still proceeded with eviction proceedings. Complainant initiated a complaint through HUD, where probable cause was found that Rutherford had violated complainant’s fair housing rights.
Takeaways:
A Consent Decree was reached between the parties whereby Rutherford agreed to pay the complainant $165,000 for damages and was ordered to offer to purchase her apartment for $565,000. It should be noted that the complainant had attempted to sell her apartment in December of 2019, but the co-op board denied the applicant. That proposed sales price was $467,500.
Rutherford also agreed to put in place a reasonable accommodation policy and provide training to all employees and agents concerning the same. It would also be required to submit quarterly reports concerning any person that requested a reasonable accommodation.
About the writer: Prior to joining Illinois REALTORS® in 2022, Victoria (Vicki) Munson was an attorney in private practice focusing on real estate and estate planning matters. She enjoyed assisting buyers and sellers in bringing their transactions to the closing table. Victoria earned her bachelor’s degree from Western Illinois University and her Juris Doctor from The John Marshall Law School.
