A resident of the Boulder Ridge Condominium in Greenburgh is suing the homeowners association on behalf of Piper, an emotional support dog that the condominium wants to banish.
Trisha McNally claims that Piper is crucial to her daughter’s wellbeing, in a complaint filed on Feb. 26 in Westchester Supreme Court. And denying her an emotional support dog, “constitutes discrimination” under the state Human Rights Law and the federal Fair Housing Law.
Boulder Ridge is a gated community on a sprawling 53-acre site alongside Sprain Brook Parkway near Ardsley.
Piper splits her time with McNally and co-owner Daniel Starr who lives in another condo.
Last October, Piper was involved in an “incident” that resulted in minor injuries to a neighbor’s dog and a dog walker, according to the complaint.
A lawyer for the homeowners association described the incident as more severe, in a November 10 letter demanding that Piper be removed from Boulder Ridge.
The other dog “sustained multiple puncture wounds requiring emergency surgery,” according to the letter, and Greenburgh Town Court deemed Piper a dangerous dog. “There have been prior incidents,” the letter states, where “Piper escaped and exhibited aggressive behavior including baring teeth, biting, and lunging, resulting in harm to dogs and humans.”
After a psychotherapist determined that McNally’s daughter needs to live with Piper, the homeowners association said it would reconsider, according to the complaint. But Piper would have to be evaluated by an animal behaviorist and undergo training.
A behaviorist and a trainer concluded that Piper posed no danger as long as her owners followed through with training and safety measures, the complaint states.
On Dec. 23, the homeowners association allowed Piper to return temporarily.
In January, new conditions were set. Piper had to be walked outside of Boulder Ridge. When she relieved herself in the backyard she had to be muzzled, handled by the owners and not by children, and controlled with a short leash.
On Feb. 3, the homeowners association required liability insurance to allow Piper to stay.
Then on Feb. 6, “without any change in circumstances,” according to the complaint, the homeowners association demanded that Piper be removed by Feb. 28.
An animal trainer who specializes in complex canine behavior problems observed Piper on Feb. 20, the complaint states, and concluded that with strict management protocols the risk of injury to others is minimal. A Greenburgh town official stated in a letter that it was never the town’s intent to have Piper removed permanently, and the owners “have taken extraordinary steps to prevent future attacks.”
Piper’s owners are asking the court to stop Boulder Ridge from enforcing the removal order.
Boulder Ridge is represented by White Plains attorney Jonathan Moses, of Timko, Moses & Robbins. He did not reply to a message asking for his client’s side of the story.
Piper is represented by White Plains attorneys James K. Landau and Brian S. Cohen, of Lachtman Cohen & Belowich.
