THERAPY DOG, P.2

Despite letters from a clinical social worker, two medical doctors and a third doctor who was a pulmonary specialist, the board still refused to allow permission for an exemption to the no-pet house rule. In a letter dated Valentine's Day 2007, the co-op board told the Biegels they would be charged legal fees with interest for harboring the dog.

"From what I understand, the unit owners gave documents that were sufficient to show she had a disability within the meaning of federal, state and city laws and the co-op asked for more," says attorney Darryl M. Vernon of Vernon & Ginsburg, who has ben consulted on the case but is unaffiliated with it. "That's like the Wizard of Oz, who kept asking for more after [getting the Wicked Witch's] broom. The request went beyond what was necessary. It's one thing to make a reasonable medical request for information, and it's another to say, More!' when a disabled person has already offered sufficient evidence."

The Biegels begged one more time, in a March 2 letter. And in a reply on March 27, the co-op board of Woodbury Gardens threatened the elderly, infirm couple with eviction. In September of that year, "faced with the prospect of eviction and increasing fines and assessments," said HUD, the Biegels gave up their dog. One month later, Sandra Biegel gave up the ghost. 

Dog Gone

Showing no compassion or sympathy, the co-op continued to pursue Jack Biegel for the fines and legal fees. Biegel's attorney requested a reduction in the fines and the removal of the legal fees. On March 21, 2008, the board refused — and threatened to terminate the grieving widower's proprietary lease if he did not pay all the charges.

"Co-ops do this automatically whether it's legally allowed or not," says Vernon. "Generally you're liable if you violate the propriety lease," he says. (It was simply a house rule at issue in this case.) "However, if there's a claim that you violated these documents, but in actuality you did not because you had right to the animal, then you are entitled to legal fees. When you're asserting your disability rights, there's a general rule that the co-op can't make a claim for legal fees even if you don't win. They can't use that for leverage. That has the effect of making some people run away from their right. It's a very nasty practice and very widespread, too.

Even after winning, the

board threatened to 

terminate the grieving 

widower's proprietary lease.

HUD concluded this past September that Woodbury Gardens engaged in discriminatory housing practices in violation of the Fair Housing Act,  and enjoined the co-op and its agents from discriminating against handicapped individuals. It ordered the co-op to take affirmative steps to remedy the effects of its "illegal, discriminatory conduct … and to prevent similar occurrences in the future." It also told the co-op not to intimidate, coerce, threaten or interfere with Biegel family's rights under the Act. It award damages, a civil penalty and "such additional relief as may be appropriate." None of which will bring Sandra Biegel back.

Making a Federal Case of It
 
As definitive as that may sound, however, it's just a first step. Once HUD has found probable cause that discrimination had occurred, says a source in the department's New York City office, "There are two ways to enforce: We can file the charge, and if both parties agree, it stays in the administrative process. Either party has the opportunity to elect that the case be heard in federal court."

That's what Woodbury Gardens did. "Now it's being handled in the federal court for the Eastern District of New York," the HUD person says. "HUD has transferred our documents to the Department of Justice, and at this point its out of our hands."

Jack Biegel and his attorney, Karen Copeland, did not respond to phone requests for comment today. "There's been no summons and complaint served yet," says board-attorney Schneider. "We're in discussions with the U.S. Attorney" on a possible settlement.

Whatever ultimately happens, it's a reminder for boards everywhere that compassion and common sense are as important as power — and a lot less waste of the co-op's time, money and public image than fighting against the disabled in federal court.

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