Case Notes in
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First published: Nov 2025
Don’t Dawdle Over Service DogsTAKEAWAY This case highlights the legal risks condo boards face when they postpone or mishandle disability-related accommodation requests. The Monarch board did not respond in a timely way to a request for a service dog, asked for medical records despite the condo having a stated policy against doing so and hired a psychiatrist without ever giving a clear decision on the request. Boards should respond promptly, in writing, whenever an accommodation request is made. They should also understand what qualifies as a disability under the various federal and state statutes affecting disabilities and know what documentation they are legally allowed to request. Finally, because claims against individual board members can move forward if there are allegations of their personal involvement, board members should ensure requests are handled quickly, carefully, and consistently to reduce the risk of liability.
Read full articleFirst published: Feb 2017
Matter of Delkap Management v. NYS Division of Human Rights; Temple v. Hudson View Owners Corp.Courts must balance the rights of apartment owners against the rights of a board to enforce its rules (and the rights of other apartment owners to expect even-handed enforcement of those rules). Perhaps the court in Hudson View explained the balance best, noting that the disability statutes are “not intended to elevate plaintiffs above their fellow residents. The law requires only equality, not that a ‘superior advantage’ be given.” Thus, both apartment owners and boards must think about accommodations in this context: will the accommodation allow the apartment owner to enjoy the apartment as any other resident would?
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