Tenant Triumphs in $165K Case Involving Emotional Support Parrots

A New York City woman wins a $165,000 settlement in a legal battle over her eviction due to three emotional-support parrots.

At a Glance

A Gramercy Park co-op board evicted a resident over her three emotional-service parrots.
The board must pay the resident $165,000 and buy her apartment at an above-market rate.
The building will be monitored by a federal overseer to ensure compliance.
This case marks the largest recovery by the Department of Justice for an assistance animal denial.
A neighbor complained about the noise from the birds, but city inspectors found no evidence of noise issues.

The Legal Battle over Emotional Support Animals

Meril Lesser, a tenant from The Rutherford in Gramercy Park, faced eviction by the co-op board due to her three emotional-support parrots—Layla, Ginger, and Curtis. In a lawsuit spanning several years, Lesser was awarded $165,000 and the co-op had to purchase her apartment at an above-market rate. The settlement highlights the evolving recognition of emotional support animals in legal systems.

The dispute began in 2015 when a neighbor, Charlotte Kullen, complained about the noise from Lesser’s parrots. Multiple investigations by the Department of Environment Protection found no violations, but the co-op board proceeded with the eviction.

Settlement and Federal Oversight

The court settlement requires The Rutherford to make a substantial payment to Lesser. Additionally, the co-op must comply with federal oversight to ensure its adherence to federal disability and fair housing regulations. “This is the largest recovery the Department of Justice has ever obtained for a person with disabilities whose housing provider denied them their right to have an assistance animal,” said U.S. Attorney Damian Williams.

“This is the largest recovery the Department of Justice has ever obtained for a person with disabilities whose housing provider denied them their right to have an assistance animal,” said federal prosecutor Damien Williams in a statement.

Despite providing letters from her psychiatrist confirming the parrots as essential emotional support animals, the board ignored these documents and proceeded with eviction. Lesser filed a complaint with the federal office of Housing and Urban Development (HUD) in 2018, which found probable cause that the co-op infringed on the Fair Housing Act (FHA).

Three days after @nytimes published my story of @ravenscimaven learning a homeowner didn't want to sell to her because she is Black, @WendellPierce learned his rental application in New York City was denied by a white landlord. I followed that story too.https://t.co/tbdoYFiTqx

— Debra Kamin (@debra_kamin) June 4, 2024

A Precedent for Emotional Support Animals

This settlement sets a significant precedent for housing rights for those dependent on emotional support animals. The co-op’s failure to conduct noise tests or consider the provided medical evidence showcases a lack of due diligence. Neighbor Charlotte Kullen, who was unaware of the settlement details, criticized the outcome: “They should do a more thorough investigation of the situation and live with the parrots for a few years themselves!”

“No birds, no screeching—no noise,” a Department of Environmental Protection inspector wrote definitively on Feb. 7, 2016.

The federal agreement mandates that The Rutherford develop policies to accommodate assistance animal requests, maintain thorough records, and dismiss existing eviction proceedings against Lesser. It aims to prevent future violations and protect tenants’ rights under the FHA.