Justice Cynthia Kern
Cooperative East River Housing (ERH) sought to set aside a decision by the State Division of Human Rights (DHR) which dismissed a complaint filed by complainant alleging housing discrimination due to a disability. Complainant harbored a dog, and was issued a termination notice for violating her lease, but alleged a psychiatric disability, claiming the dog was an emotional support animal. She filed a Department of Housing and Urban Development (HUD) complaint alleging housing discrimination, and same was referred to DHR. Complainant filed a separate, identical petition with DHR, which found no probable cause to believe ERH engaged in discriminatory practices, dismissing the complaint. ERH was notified that DHR determined the action should be reopened and remanded to DHR’s regional director. HUD notified ERH it was reactivating the complaint. The court found the challenged order had a rational basis as DHR properly reopened the complaint, ruling DHR’s dismissal of the complaint was not arbitrary as it did not contravene any statute or violate DHR’s own regulations, but dismissed on administrative convenience grounds with knowledge the complainant would pursue her discrimination claims with HUD. Thus, ERH’s petition was denied.
