Lawsuit is filed in the ongoing dogfight at Penn South co-ops

Volume Number 1 Issue Number 13 / December 22 - 28, 2006

By Albert Amateau

A Penn South resident with a dread of dogs has filed a lawsuit demanding that the Chelsea co-op enforce its no-pets policy

Jeanne Farley said she has been asking the co-op management to enforce the ban ever since she moved to Penn South 10 years ago.

“I can’t go into an elevator if there’s a dog there and I’m afraid to go into some of the hallways. I’ve never been bitten, but the growling, the bared teeth and the jumping scare me,” she said.

The issue is an old one at Penn South, which has a no-pets clause in its residence agreement.

“It has always been the policy and practice of the board of directors to enforce Mutual Redevelopment Houses’ no-pet rule,” said Brendan Keany, manager of the 15-building complex. “In fact, when it has been made aware of violations, Penn South has gone to litigation to enforce the rule. But pet owners have rights under New York City regulations and federal and state laws,” Keany said, adding, “These laws and regulation sometimes conflict with Penn South’s policy.”

City housing regulations say that if a resident has had a dog for 90 days with the landlord’s knowledge, the canine can remain.

“The trouble is the way landlord’s knowledge has been defined in the courts,” Keany said. “If a building porter knows about the dog, that’s considered knowledge,” he said.

The federal Americans With Disabilities Act says a landlord may not discriminate against a resident with disabilities who needs a pet. Keany recalled that one case that the co-op took to court involved a family with a dyslexic child who claimed that having their dog relaxed the child and helped him learn to read better. Keany said that now if a dog owner has a doctor’s written certification that the pet is a medical or psychological necessity, “we don’t waste legal fees pursuing it.”

Nevertheless, dog owners have demanded that the co-op change its policy as often as people who fear dogs have demanded stricter enforcement of it. In October 2001, after a forum attended by nearly 200 pro-dog and anti-dog Penn South residents, the co-op conducted a referendum on the subject and a solid majority of residents voted to keep the no-dog policy as it is.

“We pursue every viable case but we don’t always win them,” Keany said. “As much as Penn South sympathizes with Ms. Farley, Penn South is doing and will continue to do the best it can to enforce the rules in the face of the many laws that protect pet owners,” he added.