Federal Government Awards $730,000 (Technically) to New York Woman Discriminated Against for Emotional Support Parrots

A sizable settlement has been granted to a New York woman who was threatened with eviction from her Manhattan apartment because of her three emotional support parrots. On Monday, federal prosecutors revealed a consent decree that settled the conflict between Meril Lesser and the Rutherford, a cooperative apartment building consisting of 175 units.

Longtime Rutherford resident Lesser bought her apartment in 1999 and moved in with her birds. But in 2015, a neighbor started to voice concerns about the noisy parrots. The Rutherford board started the eviction process against Lesser even though the New York City Department of Environmental Protection’s numerous inspections revealed no proof of excessive noise.

Lesser, who depended on her birds for mental health, supported her claim with letters from her psychiatrist. However, the board continued to evict her, requiring her to vacate and sublease her apartment.

Lesser responded by submitting to the Department of Housing and Urban Development (HUD) a federal fair housing complaint. Lesser’s fair housing rights were allegedly violated by Rutherford, according to HUD’s finding of probable cause.

Rather than agree to a settlement, Rutherford chose to contest the case in federal court. According to federal law, this action automatically required the Department of Justice to file a lawsuit, as stated by Manhattan U.S. Attorney Damian Williams.

In the struggle for disability rights, the recent consent decree authorized by the court represents a critical turning point. It is the biggest financial award the federal government has ever received on behalf of a person whose right to live with an assistance animal has been violated. This significant ruling emphasizes how crucial it is to uphold the rights of people with disabilities and guarantee their access to fair housing opportunities.

Williams stressed that all housing providers should take note of this outcome and make sure that their policies and procedures adhere to federal law.

The Rutherford co-op board’s attorney, Peter Livingston, said that his client was happy with the case’s resolution.

In addition to having to pay Lesser $165,000 and buy her co-op shares for $565,000, Rutherford also has to promise to implement a fair and equal policy regarding service animals and give the federal government oversight power to make sure it is followed.

Since she had lived there for a long time, we believe soundproofing would have been necessary to prevent the neighbor or neighbors from being bothered by the parrots.