Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)

Citation: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Parent Document: Douglas v. Kriegsfeld Corp., 884 A.2d 1109 (2005)
Jurisdiction: DC (municipal)
Effective Date: 2005-10-13
Original Source: https://www.courtlistener.com/opinion/1472683/douglas-v-kriegsfeld-corp/ ↗

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Mental impairment is a handicap under the Act, but not all handicaps have the same consequences. If a deaf tenant is permitted to have a hearing dog notwithstanding a "no pets" clause in the lease, see Bronk v. Ineichen, 54 F.3d at 428-29, this does not seriously affect the living conditions of his or her fellow-tenants. Similarly, if a tenant who suffers from multiple sclerosis is provided with a parking place close to the entrance to the building, Shapiro v. Cadman Towers, Inc., 51 F.3d 328, 336 (2d Cir.1995), any inconvenience to tenants who are able to walk is trivial. Mentally handicapped tenants may also be entitled to accommodations comparable to those in Bronk and Shapiro. One court has held, for example, that a mentally ill patient might be permitted to retain his cat, in contravention of the landlord's "no pet" policy, where, according to a psychiatrist's affidavit, the tenant needed the pet in order to deal with his depression and anxiety. Crossroads Apts. Assocs. v. Le Boo, 152 Misc.2d 830, 578 N.Y.S.2d 1004, 1005-07 (City Ct. Rochester, N.Y. 1991).[19] In that case, too, however, any possible consequences for other tenants were minimal.

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