Settlement Agreement Trump Village Section IV Inc. (E.D.N.Y.)

---------------------------------------------------------------------X

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

Plaintiff,

- against -

TRUMP VILLAGE SECTION IV INC. AND IG

OBERMAN,

Defendants.

SETTLEMENT

AGREEMENT

Civil Action No.

15-CV-7306

(Garaufis, J.)

(Scanlon, M.J.)

INTRODUCTION

Background

This Settlement Agreement (“Agreement”) is entered into between the United States of

America and defendants Trump Village Section IV Inc. a nd Igor Oberman (“Trump Village”).

WHEREAS, Trump Village is an approximately 1,144-unit cooperative apartment building

located in Brooklyn, New York. It is owned by shareholders, most of whom are residents of the

building. It has no current affiliation or connection to the current President of the United States;

and

WHEREAS, until approximately June 2015, Trump Village had a policy prohibiting its

residents from keeping any animals. The United States contends that Trump Village did not have

any policies or procedures for its residents to request reasonable accommodations to permit them

to keep assistance animals; and

WHEREAS, between 2012 and 2015, at least four residents of Trump Village filed

administrative complaints with the United States Department of Housing and Urban Development

(“HUD”) alleging that Trump Village violated the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601

through 3619 by refusing to allow them to keep their emotional support dogs (the “HUD

Complaints”). The HUD Complaints were filed by Eugene and Galina Ovsishcher, Nicole Sable

Bell, Neil and Inna Lomanov (collectively, the “Aggrieved Residents”) and Barbara Snyder (“Ms.

Snyder”); and

WHEREAS, Ms. Snyder’s complaint was resolved in or around July 2013, and the terms

of the settlement, which were memorialized in a conciliation agreement, required Trump Village

to accommodate individuals with disabilities, comply with the FHA, and ensure that its board

members and managers participate in HUD provided training concerning the requirements of the

FHA. In or around December 2013, HUD provided FHA training to members of Trump Village’s

board of directors and management company; and

WHEREAS, the United States contends that Trump Village denied requests for reasonable

accommodations by Eugene Ovsishcher, Nicole Sable Bell, and Inna Lomanov seeking permission

to keep emotional support animals. Trump Village contends that they had no notice that the

Aggrieved Residents required assistance animals; and

WHEREAS, Trump Village served Notices of Termination to the Aggrieved Residents and

commenced proceedings in the Civil Court of the City of New York, County of Kings seeking to

evict the Ovsischers and the Lomanovs; and

WHEREAS, Trump Village contends these proceedings were filed in order to preserve its

rights pursuant to § 27-2009.1 of the Administrative Code of the City of New York, which requires

such proceedings to be initiated within 90 days; and

2

WHEREAS, Trump Village served Notices to Quit, terminating the licenses for parking

spaces used by Nicole Sable Bell and Neil and Inna Lomanov; and

WHEREAS, the Aggrieved Residents incurred legal fees as a result of the Notices of

Termination, Notices to Quit, and Civil Court proceedings; and

WHEREAS, the United States filed the complaint in this action on December 23, 2015 to

enforce provisions of the FHA, alleging, inter alia, that Trump Village has violated the FHA by

discriminating against residents with disabilities by improperly denying them the right to keep

emotional support animals, and has retaliated against them for attempting to enforce their rights

pursuant to the FHA; and

WHEREAS, Trump Village denies the United States’ allegations; and

WHEREAS, the parties agree that this Court has jurisdiction over the subject matter of this

case pursuant to 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. §§ 3612(o) and 3614(a), and

WHEREAS, the parties wish to resolve this matter now, and avoid the costs and uncertainty

of litigation, and, therefore, enter into the following settlement agreement.

1. In consideration of, and consistent with, the terms of this Agreement, the Parties

will file a stipulation dismissing with prejudice the lawsuit entitled United States of America v.

Trump Village Section IV Inc. and Igor Oberman, No. 15-CV-7306 (NGG)(VMS), as set forth in

Paragraph 16. The form of the Stipulation of Dismissal is attached to this agreement as Exhibit D.

2. As part of this agreement, Trump Village and its board members, officers,

employees, agents, successors, and assigns, and all other persons in active concert or participation

with Trump Village, agree to comply with the FHA. Specifically, Trump Village and each of its

board members, officers, employees, agents, successors, and assigns, and all other persons in

active concert or participation with Trump Village, shall not:

3

a. discriminate in the sale or rental, or otherwise make unavailable or deny, a dwelling

to any buyer or renter because of a disability of the buyer or renter, in violation of

42 U.S.C. § 3604(f)(1)(A);

b. discriminate in the terms, conditions, or privileges of sale or rental of a dwelling,

or in the provision of services or facilities in connection with such a dwelling,

because of disability, in violation of 42 U.S.C. § 3604(f)(2);

c. fail or refuse to make reasonable accommodations in rules, policies, practices, or

services, when such accommodations may be necessary to afford persons with

disabilities equal opportunity to use and enjoy a dwelling, as required by 42 U.S.C.

§ 3604(f)(3)(B) so long as Trump Village has been made aware of the need for such

reasonable accommodation and has been provided with the opportunity to make

such accommodations for its lawful occupants and owners;

d. Coerce, intimidate, threaten, or interfere with any person in the exercise or

enjoyment of, or on account of any person having exercised or enjoyed, or on

account of any person having aided or encouraged any other person in the exercise

or enjoyment of, any right granted or protected by Section 3604 of the FHA, in

violation of 42 U.S.C. § 3617.

e. Except as specified in this agreement, nothing contained herein shall be construed

to impede or interfere with the ordinary course of business conducted by Trump

Village and its rights to enforce all obligations, rules and regulations on owners,

occupants, visitors, renters, buyers, subleasees, and licensees as set forth in the

Trump Village Plan of Reconstitution, resolutions of the Board of Directors, terms

of the Occupancy Agreement, the Bylaws of Trump Village as amended from time

4

I. IMPLEMENTATION OF REASONABLE ACCOMMODATION POLICY

to time, and the rules and regulations as set forth by the Board of Directors or by

shareholder referendum so long as such enforcement is not discriminatory.

f. Nothing herein shall limit Trump Village’s right to require reasonable compliance

with its rules and regulations, so long as such rules and regulations are consistent

with the rights of individuals under the Fair Housing Act.

3. As soon as reasonably possible, but no later than 45 days after the execution of this

Agreement, Trump Village agrees to adopt and implement the Reasonable Accommodation Policy

attached hereto as Appendix A (the “Trump Village Reasonable Accommodation Policy”).

4. Because Trump Village no longer prohibits residents from keeping animals, all

residents who wish to have emotional support animals may do so. Accordingly, the section of the

Reasonable Accommodation Policy regarding emotional support animals will only go into effect

if Trump Village prohibits or limits in any way its residents’ abilities to keep emotional support

animals.

5. Trump Village shall provide to the United States written confirmation that the

Trump Village Reasonable Accommodation Policy has been adopted and implemented within 21

days of execution of this Agreement.

6. For a period of three years after adopting the Trump Village Reasonable

Accommodation Policy, Trump Village agrees not to adopt any revisions to the policy without

prior approval from the United States. Requests for approval shall be addressed to: United States

Attorney’s Office for the Eastern District of New York, Attn: Chief of Civil Rights, Civil Division,

271 Cadman Plaza East, Brooklyn, New York 11201. The United States will not unreasonably

withhold such approval and shall respond to the request within 30 business days.

5

II. EDUCATION

7. No later than 60 days after the execution of this Agreement, Defendants shall

provide a copy of this Agreement to all current board members, and management employees

involved in the development and/or implementation of Trump Village policy. Defendants shall

obtain a signed acknowledgment from each board member and management employee involved

in the development and/or implementation of Trump Village policy that he or she has received the

Agreement and has had an opportunity to read it and to have any questions about it answered. All

new board members and employees involved in the development and/or implementation of Trump

Village policy shall be provided a copy of this Agreement and acknowledge in writing that they

have received it within thirty day from the date they become a board member or employee. The

statement acknowledging receipt shall be substantially similar to the form of Appendix B. Should

a board member or employee refuse to sign the form, defendants shall document the individual’s

refusal and certify that the individual was provided with all of the required information.

III. RELIEF TO THE AGGRIEVED RESIDENTS

8. The Aggrieved Residents shall be permitted to keep their respective assistance

animals in their apartments at Trump Village for as long as they reside there without requesting or

applying for Trump Village for approval. This section does not prejudice Trump Village’s right

to take reasonable actions that are proper under both the law and the Reasonable Accommodation

Policy to address shareholder complaints.

9. The parties acknowledge that Trump Village already has refunded to the Aggrieved

Residents any and all amounts Trump Village required them to pay to register their emotional

support dogs. In furtherance of this agreement, within 45 days after the execution of this

Agreement, Defendants shall deliver to the United States, via mail to the United States Attorney’s

6

Office for the Eastern District of New York, Attn: AUSA Seth D. Eichenholtz, 271 Cadman Plaza

East, Brooklyn, New York 11201, checks payable to the Aggrieved Residents in the following

amounts as payment of the legal fees and expenses incurred by them in connection with their

efforts to enforce their rights pursuant to the FHA and other compensation:

a. Eugene and Galina Ovsishcher - $15,000

b. Nicole Bell - $7,000

c. Neil and Inna Lomanov - $18,000

10. Upon delivery of executed copies of the release in the form annexed hereto as

Appendix C, the United States shall forward said checks to the Aggrieved Residents and copies of

the releases to counsel for the Defendants.

V. CIVIL PENALTY

11. Within 45 days after the execution of this Agreement, in furtherance of this

settlement, the Defendants shall pay $10,000 as a civil penalty pursuant to 42 U.S.C.

§ 3614(d)(1)(C). Said funds shall be paid by electronic funds transfer, pursuant to instructions to

be provided by the United States Attorney’s Office for the Eastern District of New York.

VI. NOTICE OF REASONABLE ACCOMMODATION POLICY

12. No later than 45 days after execution of this Agreement, Trump Village shall post

and prominently display in the resident mailbox area and in the management office a sign no

smaller than 10 inches by 14 inches indicating that reasonable accommodations are available to

persons with disabilities.

13. Trump Village shall also post the Trump Village Reasonable Accommodation

Policy on its website in the same location and in the same format as it currently posts all other

forms, documents, applications and other corporate governance documents that are accessible in

7

Word and .pdf formats.

VII. DURATION, EXECUTION, AND OTHER TERMS

14. This Agreement is effective on the date of signature of the last signatory to the

Agreement. The Agreement may be executed in multiple counterparts, each of which together

shall be considered an original but all of which shall constitute one Agreement. Facsimiles of

signatures shall constitute acceptable, binding signatures for purposes of this Agreement.

15. The duration of this Agreement shall be for a period of three (3) years from the date

of execution.

16. Upon Defendants' completion of performance of the obligations set forth in

paragraphs 9 and 11, the Parties shall promptly sign and file in the Civil Action a Joint Stipulation

of Dismissal of the Civil Action pursuant to Rule 41(a)(1).

17. Each Party shall bear its own legal and other costs incurred in connection with this

action, including the preparation and performance of this Agreement.

18. For the duration of this Agreement, Trump Village shall provide the United States

with a copy of all written administrative or judicial fair housing complaints against Trump Village

or any of its officers, employees, board members, agents, successors, or assigns, alleging

discrimination in housing (“Complaint”), and shall do so within 14 days after receipt of the

Complaint. Any such Complaints shall be mailed to United States Attorney’s Office for the

Eastern District of New York, Attn: Chief of Civil Rights, Civil Division, 271 Cadman Plaza East,

Brooklyn, New York 11201. Upon reasonable notice, Trump Village shall also provide the United

States with all additional information it may request concerning any Complaint. Within 14 days

after the resolution of any Complaint, Trump Village shall provide the United States a copy of any

document reflecting such resolution.

8

19. Should Trump Village institute a policy or practice limiting residents’ ability to

reside with animals at any time during the duration of the Agreement, Trump Village must, within

90 days of enactment of such a policy or practice, and annually thereafter, submit annual reports

to the United States providing the following information:

a. A list of all persons, including contact information, who inquired about or applied

for a reasonable accommodation so that they may live with an animal and the type

of animal involved;

b. the type of reasonable accommodation sought;

c. whether or not, in each instance, the accommodation was granted;

d. the date of the request;

e. the names of all individuals who reviewed and/or decided the request on behalf of

Trump Village; and

f. if the request was denied, the reason for the denial.

g. The reports shall be mailed to the United States Attorney’s Office for the Eastern

District of New York, Attn: AUSA Seth D. Eichenholtz, 271 Cadman Plaza East,

Brooklyn, New York 11201.

20. The provision in paragraph 19 of this agreement shall not apply to a policy or

practice of taking reasonable actions pursuant to resident complaints, unless those actions are

inconsistent with or interfere with residents’ ability to enjoy a reasonable accommodation afforded

to them under the Fair Housing Act.

21. The United States may review compliance with this Agreement at any time.

Defendants agree to cooperate with the United States in any review of compliance with this

9

Agreement. Upon reasonable notice, Defendants shall permit counsel for the United States to

inspect and copy all non-privileged records pertinent to this Agreement.

22. The Parties shall endeavor in good faith to resolve informally any differences

regarding interpretation of or compliance with this Agreement prior to initiating any court action.

If the United States believes that there has been a failure by the Defendants to perform in a timely

manner any act required by this Agreement, or otherwise to act in conformance with any provision

thereof, whether intentionally or not, the United States will notify Defendants in writing of its

concerns and the Parties will attempt to resolve those concerns in good faith. The Defendants shall

have fifteen (15) days from the date the United States provides notification of any breach of this

Agreement to cure the breach.

23. If the Parties are unable to reach a resolution within 15 days, the United States may,

until the Civil Action is dismissed, seek appropriate relief before the Court in the Civil Action.

After the Civil Action is dismissed, the United States may bring a civil action for breach of this

Agreement or any provision thereof, in the United States District Court for the Eastern District of

New York. The United States may in such action seek to have the Court impose any remedy

authorized at law or equity. This Court shall serve as the exclusive jurisdiction and venue for any

dispute concerning this Agreement. The Parties consent to and agree not to contest the jurisdiction

of this Court. The Parties further acknowledge that venue in this Court is appropriate and agree

not to raise any challenge on this basis.

24. In the event the United States files a civil action as contemplated by paragraph 23,

above, to remedy breach of this Agreement, the United States may seek, in addition to any remedy

available under law or equity, an injunction mandating specific performance of any term or

provision in this Agreement, without regard to whether monetary relief would be adequate. If such

10

a civil action is filed, Defendants expressly agree not to count the time during which this

Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise

raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations,

estoppel, laches, or similar defenses.

25. Failure by the United States to enforce any provision of this Agreement shall not

operate as a waiver of the United States’ right or ability to enforce any other provision of this

Agreement.

26. The Parties agree that, as of the date of the dismissal of the Civil Action, litigation

is not “reasonably foreseeable” concerning the matters described above or in the United States’

Complaint. To the extent that any Party previously implemented a litigation hold to preserve

documents, electronically stored information (ESI), or things related to the matters described

above, the Party is no longer required to maintain such litigation hold. Nothing in this paragraph

relieves any Party of any other obligations imposed by this Agreement.

11

Dated:

Brooklyn,

New

York

,h+t€N,2Ol7

fult

Dated: New York.

New York

.lx,r€lfl,zott

6dy

BRIDGET

M.

ROHDE

Acting

United

States

Attorney

Eastern

District

of

New York

Attorneyfor

Plaintiff

271Cadman

East

Brooklyn,

New

By:

Seth

United

(718)

2s4-7036

Seth.Eichenholtz@usdoj.

gov

KAUFMAN

BORGEEST

&

RYAN

LLP

A t t

or n ey

for

D efe

n dant s

120 Broadway

New

York, New

York

10271

By:

Cara

A. O

Q12)9e4-6s22

t2

APPENDIX A

REASONABLE ACCOMMODATION POLICY

Trump Village Section 4, Inc. (“Trump Village West”) is committed to granting reasonable

accommodations in its rules, policies, practices, or services when such accommodations may be

necessary to afford people with disabilities the equal opportunity to use and enjoy thei r dwe llings, as

required by federal, state and local law. A reasonable accommodation may include a change or

exception to a rule or policy that is needed because of a person’s disability, or it may be a physical

change to a unit or common area. It is

Trump Village West’s general policy to provide reasonable

accommodations to individuals with disabilities whenever an individual has a disability and there is a

disability-related need for the requested accommodation. A disability

-related need for a requested

accommodation exists when there is an identifiable relationship, or nexus, between the requested

accommodation and the individual’s disability.

Trump Village West accepts reasonable accommodation requests from persons with disabilities and

those acting on their behalf. Reasonable Accommodation Request forms are available at the

management office, and may be returned to that office when complete, either by delivering it in person

or by mailingittoManager, Trump Village West, 2928 West5

th

Street, Brooklyn, New York 11224. If you

require assistance in completing the form, or wish to make the request orally, please contact

_________________ at (____) _____ - ________. Trump Village West will keep a record of all requests.

We will make a decision on your request with thirty days. If the request is of a time-sensitive nature,

please let us know and we will expedite the decision

-making process. In the event we need ad

ditional

information to make a determination, we will promptly advise you of the information needed. It is

Trump Village West’s policy to seek only the information needed to determine if a reasonable

accommodation should be granted under federal, state or local law. We will not ask about the nature or

extent of your disabilities. If we grant the request, you will receive a letter so indicating.

If we deny the request, we will provide you with a letter stating all of the reasons for our denial. If an

individual with a disability believes that the request has been denied unlawfully, or a response has been

unreasonably delayed, then he or she may file a complaint by writing or calling any of the following:

U.S. Department of Housing and

Urban Development

Office of Fair Housing and Equal

Opportunity

26 Federal Plaza, Room 3532

New York, NY 10278-0068

1-800-496-4294

http://www.hud.gov/complaints

New York State Division of

Human Rights

One Fordham Plaza, 4

th

Floor

Bronx, NY 10458

Tel No. (718)741-8400

TDD: 1-718-741-8300

http://www.dhr.state.ny.us/

New York City Commission on

Human Rights

100 Gold Street, Suite 4600

New York, NY 10038

(212)306-7450

http://www.nyc.gov/cchr

ASSISTANCE ANIMALS

One common type of reasonable accommodation is allowing a person with a disability to keep an

assistance animal. An assistance animal is any animal that works, provides assistance, performs tasks

for the benefit of a person with a disability, or provides emotional support that alleviates one or more

identified symptoms or effects of a person’s disability. Trump Village West

is committed to ensuring

that individuals with disabilities may keep such animals in Trump Village West to the extent required by

federal, state and local law.

An animal that is trained to do work or perform tasks for an individual with a disability is known as a

service animal. It is often readily apparent that an animal is trained to do work or perform tasks for the

benefit of a person with a disability, such as a dog that guides an individual with a visual impairment.

Where it is readily apparent that an animal is a trained service animal, Trump Village West will not

inquire about the individual’s disability or the animal’s training.

In the case of a resident who requests a reasonable accommodation for an assistance animal that

provides emotional support or other assistance that ameliorates one or more symptoms or effects of

the resident’s disability, Trump Village West may require a statement from a health or social service

professional

1

indicating:

i. That the applicant has a disability; and

ii. That the animal would provide emotional support or other assistance that would

ameliorate one or more symptoms or effects of the disability.

In the case of a resident who requests a reasonable accommodation for an assistance animal that doe s

work or performs tasks for the benefit of a person with a disability, Trump Village West may require that

the resident provide:

i. A statement from a health or social service professional indicating that the person has a

disability; and

ii. Information that the animal has been individually trained to do work or perform tasks

that would ameliorate one or more symptoms or effects of the disability, or information

that the animal, despite lack of individual training, is able to do work or perform tasks

that would ameliorate one or more symptoms or effects of the disability.

If an assistance animal both provides emotional support or other assistance that ameliorates one or

more effects of a disability and does work or performs tasks for the benefit of a person with a physi cal

disability, Trump Village West may require compliance with either of the two preceding paragraphs, but

not both.

1

“Heal th or s ocial s ervice profes s ional” means a person who provides medical care, therapy or counseling to

persons with disabilities, including, but not limited to, doctors, physician assistants, psychiatrists, psychologists or

social workers.

______

______________________________________

:_________________________

_________________________________

:________________________________________

______________________________________

FORM A:

APPLICATION FOR REASONABLE ACCOMMODATION

COMPLETE THIS FORM IF YOU HAVE A DISABILITY AND WOULDLIKE TO REQUEST AN

ACCOMMODATION. IF YOU REQUIRE ASSISTANCE COMPLETING THIS FORM, OR WISH TO

MAKE THE REQUEST ORALLY, PLEASE CONTACT

________________

AT (____) _____ - .

SHAREHOLDER NAME:_

ADDRESS:

_____________________________

TELEPHONE#

PERSON REQUESTING ACCOMMODATION:

(IF DIFFERENT FROM SHAREHOLDER)

RELATIONSHIP TO SHAREHOLDER

1. Please describe the reasonable accommodation you are requesting.

2. Please explain why this reasonable accommodation is needed. You need not provide detailed

information about the nature or severity of the disability.

3. If you are requesting permission to have an assistance animal in your apartment, please

complete the following:

(a) Is it readily apparent that the assistance animal is a trained service animal (for

example, an animal trained to assist you with a visual impairment or similar disability)?

_____

YES

_____

NO

(b) If your answer to 3(a) above was NO, please complete the following:

i. Type of animal:

ii. Is the animal required because of a disability:

_____

Yes

____

No

i. Does the animal perform work or do tasks for you because of your disability?

____

Yes

____

No

:____________________

IF THE ANIMAL PERFORMS WORK OR TASKS FOR YOU,

PLEASE PROVIDE THE FOLLOWING:

(1) A statement from a health or social service professional indicating that you have a disability

(i.e., you

have a physical or mental impairment that substantially limits one or more major

life activities). You may use, but are not required to use, Form B. However, the statement

must contain information that is substantially similar to the information requested in Form

B.

(2) An explanation of how the animal has been trained to do work or perform tasks that

ameliorate one or more symptoms or effects of your disability or, if the animal lacks

individual training, how the animal is able to do work or perform tasks th

at ameliorate one

or more symptoms or effects of your disability.

(3) Please submit a photograph of the animal after you have selected an animal.

IF THE ANIMAL DOES NOT PERFORM WORK OR DO TASKS FOR YOU, BUT PROVIDES EMOTIONAL

SUPPORT OR AMELIORATES ONE OR MORE

EFFECTS OF YOUR DISABILITY, PLEASE PROVIDE THE

FOLLOWING:

(1) A statement from a health or social service professional indicating: (a) that you have a

disability; (b) the animal would provide emotional support or other assistance that would

ameliorate one or more symptoms or effects of your disability; and (c) how the animal

ameliorates the symptoms or effect(s). You may use, but are not required to use, Form B.

However, the statement must contain information that is substantially similar to the

information requested in Form B.

(2) Please submit a photograph of the animal after you have selected an animal.

4. Please provide copies of the rabies tag or certificate that is required by New York Law for the

assistance animal. If you have not selected an animal at the time you complete this application,

Trump Village West may approve the application with the condition that, you must submit

copies of the rabies tag or certificate that is required by New York Law, before the selected

animal moves in.

5. If you are requesting a different modification or accommodation, please describe it here:

_________________________

Date

TRUMP VILLAGE WEST GUIDELINES REGARDING ASSISTANCE ANIMALS

A. Trump Village West will consider reasonable accommodation requests consistent with the

enclosed policy regarding disabilities that meet the definition set forth in any one of the

following relevant statutes:

1. Federal: The Fair Housing Act defines a person with a “handicap” as one who: (a) has a

physical or mental impairment which substantially limits one or more of such person’s major

life activities; or (b) has a record of having such an impairment; or (c) is regarded as having

such an impairment.

2. State: The New York State Executive Law defines a disability as: (a) a physical , me ntal

or medical impairment resulting from anatomical, physiological, genetic or neurological

conditions which prevents the exercise of a normal bodily function or is demonstrable by

medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an

impairment or (c) a condition reg

arded by others as such an impairment.

3. NYC:

The New York City Administrative Code defines disability as: any physical,

medical, mental or psychological impairment or a history or record of such impairment. The

term “physical, medical, mental or psychological impairment” means: (1) an impai rme nt of

any system of the body; including but not limited to: the neurological system; the

musculoskeletal system; the special sense organs and respiratory organs, including but not

limited to, speech organs; the cardiovascular system; the reproductive system; the digestive

and genito-urinary systems; the hemic and lymphatic systems; the immunological systems,

the skin; and the endocrine system; or (2) a mental or psychological impairment.

B. Trump Village West will review and respond promptly to all reasonable accommodation

requests.

C. All information received by Trump Village West regarding an individual’s disability, including

physical, mental, psychological and/or psychiatric conditions, shall be kept confidential unless

the individual authorizes the release of the information or Trump Village West is required to

produce the information in response to a Court order, on notice to the affected individual(s).

If a resident has a disability and a disability-related need for a reasonable accommodation under federal,

state or local law, Trump Village West will grant such accommodation, including a request to keep a

service or assistance animal. Trump Village West will not retaliate against any person because that

individual has requested or received a reasonable accommodation request. Trump Village West will not

discourage any individual from making a reasonable accommodation request, including a request to

keep a service or assistance animal. While it is Trump Village West’s policy to require residents to

comply with Trump Village West’s pet policy,

A. service and assistance animals are not pets. Accordingly, the pet policy does not apply to

residents with service or assistance animals.

B. Trump Village West may deny a request or

require the removal of a particular assistance or

service animal from the premises if the animal poses a direct threat (i.e., a significant risk of

substantial harm) to the health or safety of other individuals that cannot be eliminated or

reduced to an acceptable level by another reasonable accommodation, considering the health

and safety of the other individual(s) and the need for an accommodation, of if the animal would

cause substantial physical damage to the property of others that cannot be reduced or

eliminated by another reasonable accommodation. Trump Village West will base such

determinations upon consideration of the behavior of the particular animal at issue, and not on

speculation or fear about the types of harm or damage an animal may cause.

C. Like any other resident, owners of service or assistance animals remain subject to the provisions

of their

proprietary leases, Trump Village West By

-Laws, and House Rules, with the exception

that they are allowed to occupy the premises with their service or assistance animal s and the y

are not subject to any of the provisions concerning pets. Similarly, owners of service or

assistance animals shall comply will all state and local animal laws, including but not limi ted to

Section 1310 of the New York Public Health Code requiring animal owners to clean up animal

waste, except when such laws are preempted by the Fair Housing Act, Section 504 of the

Rehabilitation Act, or the Americans with Disabilities Act or the owner is entitled to a reasonable

accommodation.

D. Trump Village West may take action against the owner for noise or damages caused by a service

or assistance animal to the same extent that it takes such action against shareholders who have

caused similar noise or damages.

E. Trump Village West may deny a request or require the removal of a particular assistance or