Crossroads Apartments Associates v. LeBoo

Kenneth LeBoo (defendant) was a tenant of the federally funded Crossroads Apartments Associates (Crossroads) (plaintiff) for 12 years. LeBoo suffered from several mental disorders and had a history of alcohol abuse. LeBoo caused no problems at Crossroads until he adopted a cat to help with his intense anxiety and depression, both symptoms of his mental illnesses. Crossroads had a no-pet clause in the lease agreement, and upon discovering LeBoo’s cat, Crossroads began eviction proceedings in New York City Court. Both parties filed for summary judgment. LeBoo argued that the eviction action constituted discrimination under the Rehabilitation Act and the Fair Housing Act (FHA). LeBoo submitted affidavits from his psychiatrist, social worker, and pet-assisted therapist stating that due to his disability, his cat was necessary for him to use and enjoy his apartment. Crossroads argued that LeBoo failed to sufficiently show the cat’s necessity and that its presence violated the terms of his lease agreement, providing grounds for eviction. Crossroads submitted an affidavit from its own psychiatrist stating that no evidence showed the cat’s necessity to LeBoo’s treatment. Crossroads submitted a second affidavit from the apartment’s property manager stating that allowing LeBoo’s cat would create a substantial administrative burden and potential health problems for other tenants.