First Time Justice Department Has Agreed to Settlement Requiring Tenant with Purported Disability to Remove Pet
Rosenberg & Estis, P.C., after a marathon settlement conference, achieved a settlement of pending litigation with the U.S. Attorney’s Office on behalf of its client, a New York cooperative corporation.
According to the Magistrate Judge, this is the first time that the Justice Department has agreed to a settlement requiring a tenant who purportedly suffers from a disability requiring a reasonable accommodation to permanently remove the pet. As part of the settlement, there was no finding of discrimination or a “pattern or practice” of discrimination on behalf of the coop, which were the two main points of the government’s complaint.
Bradley Silverbush, a Member of Rosenberg & Estis, P.C., represented the owner in the case, managing a coordinated team effort with Rosenberg & Estis attorneys Dani Schwartz and Anthony Virga along with Nithin Jayadeva, Devorah Hirsch and Analia Krukierek.
The three complainants in the case had all harbored dogs in violation of the coop’s rules. The U.S. Attorney’s Office alleged that the coop engaged in discriminatory acts against complainants, and had engaged in a “pattern or practice of discrimination.” The coop had at all times maintained that these charges were brought in bad faith by people who do not suffer a disability, and who did not require a reasonable accommodation.
“This was a long and extraordinarily complex case that required a coordinated team approach,” said Silverbush. “While the coop won two of the underlying housing court cases, along with a case against the New York State Division of Human Rights, this settlement was extremely powerful, essentially putting an end to all the related litigation and appeals.”
Silverbush and team, by negotiating a favorable settlement, was able to avoid a protracted jury trial, saving the owner a fortune in litigation costs, sparing the coop from any potential exposure and putting an end to a protracted litigation.
About Rosenberg & Estis, P.C.
Founded in 1979, Rosenberg & Estis, P.C. is widely recognized as one of New York City’s pre-eminent real estate law firms. Rosenberg & Estis, P.C. represents clients in all aspects of real estate development, transactions, financing, litigation, rent regulation and governmental affairs.