Articles

Housing providers such as cooperatives, wear many hats. They may be employers and have employees. They provide housing to their members. Their business offices may also be open to the general public to answer questions and receive applications. What happens when a disabled person asks for an accommodation? They may want a designated parking space for their disability. They may want an assistance animal for their disability. Is the person an employee, a member, or simply a member of the public? The answers to these questions will decide what laws apply and guide the cooperative along the way toward successful compliance.

Legal disputes over assistance animals continue to make inroads in the cooperative housing community. In a recent case, a cooperative Board apparently didn’t think a parrot qualified as an emotional support animal. It denied a member’s accommodation request to keep the parrot because of the member’s disability. The member filed a complaint with HUD. The cooperative retaliated. The U.S. Attorney got involved. As a result, the mistake cost the cooperative $750,000.

Attention employers. Do you have a written job description covering each position in your workplace? Are they compliant with the Americans Disability act? If you get sued for disability discrimination, will those job descriptions hold up in court? Let’s review why you need to know the answers to these questions.

It is common for housing cooperatives and management agents to oversee employees on a collective basis. In many instances, however, the management agreement states that all employees are either management employees or cooperative employees, but not both. It is assumed, since the management agreement specifically identifies the employer, that when litigation comes knocking, the parties merely look at their management contract and, in that way, identify the true employer. However, the law is no longer as simple as that.

What are the legal obligations a cooperative housing association owes to disabled members who seek changes in the policies or rules of the Cooperative because of the member’s medical condition?

This is my confession of how I became an ESA and not a pet. I can’t reveal my name, but let’s just say I’m a dog who is pretty good at typing. This a true story. (Just trust me on this.)

Cooperative Housing organizations and their management companies are often faced with requests from guests to bring dogs and other animals onto the premises when visiting members. What should the cooperatives response be to these requests? In most cases the response will depend on the type of animal or dog involved. Not all animals are created equal according to the law. There are emotional support animals, service animals, and pets. What’s the difference?

The spring, summer and fall often bring Cooperative members out into common hallways, areas, and outdoors. With this activity brings the potential for member conflict.

Most co-ops offer different types and sizes of units including 1 to 3 bedrooms with various floor plans and square footage combinations. As is often the case, members desire to move from one unit to another. There may be many different reasons for moving such as an increase in family size or a unit with a better view or access to green space or parking. But in some cases members will want to move from their unit to another unit for accessibility purposes or because they have a disability and another unit will better enable them to enjoy the privileges of cooperative living than their current unit.