New York, NY asked in Civil Rights and Health Care Law for New York

Q: Looking for help

I have been bedridden with chronic illness for 6 years. I am required to lie down all day and am unable to get up to use the restroom. I rely on my parents for all my daily requirements. Symptoms of mine include extremely severe noise and light sensitivity which require me to wear earplugs and an eye mask 24hrs daily. My device is kept silent, and I watch videos by reading captions. I require dimmable lights and my device set at minimum brightness.

My illness is progressive, with these symptoms significantly worsening over time. My family owns a dog which barks very frequently. My symptoms have grown to the point where enduring this has become torturous. I have tried to acquire a bark collar for the dog numerous times, greatly expressing my distress, and am routinely dismissed. The collar is vibration and sound, no shock.

I really cannot handle this anymore, it is pushing me to my breaking point. What can I do? Do I have any options for legal recourse?

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for your difficult situation. One option might be to reach out to a health care attorney to explore whether you could be eligible for assisted-living, based on medical condition, age, financial qualification, and whether it would be covered by insurance. Good luck

Tim Akpinar

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: If by legal recourse you mean suing your parents, probably not. You are living in their home and thus arguably have to tolerate the living conditions with which they provide you. And unless you are paying them rent and have a landlord/tenant relationship, they likely have not breached any warranty of habitability. You might want to speak with them about giving the dog up for adoption. Or, if they are unwilling to part with the dog, perhaps finding you a different (and more quiet) place to live.

Tim Akpinar agrees with this answer

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