Building Owner and Management Accused of Not Providing Reasonable Accommodation

The plaintiff, a condo unit owner, sued the condo corporation, its managing agent, and others on a number of grounds, led by failing to provide her with a reasonable accommodation for disabilities disclosed when she bought the unit in 2016. The plaintiff suffered from a back injury and traumatic brain injury that caused her pain, vertigo, headaches, cognitive problems, anxiety, and symptoms from PTSD. The plaintiff claimed that she made ongoing requests for a reasonable accommodation under the Fair Housing Act (FHA) and that her health had declined as result of the condo's failure to make reasonable accommodations and modifications needed for her disability. The issues involved were problems associated with leaks, water penetration, and mold in the unit; problems with noxious odors and disruptive construction in the building; and harassing behavior and statements made by various people associated with the building. The plaintiff, at times, moved out of the building due to these problems. The condo defendants asked the court to dismiss the case. 

The court reviewed a number of claims and ruled against the defendants in part. Among other things, because the plaintiff had adequately alleged that she was denied a reasonable accommodation of advance notice of construction, dismissal of her FHA claim wasn't appropriate at this point in the case. There may also be some grounds for personal liability against individuals involved in building management based on whether they were informed of the plaintiff's disability and failed to provide accommodation. The plaintiff's negligence claim could proceed only as it related to maintaining or repairing the common elements of the building but not to the issue of leaks in her apartment. The court dismissed the plaintiff's claim for intentional infliction of emotional distress since she didn't claim that the noise, vibrations, or chemical odors resulting from building renovations, or facade water penetration, occurred in breach of a duty to maintain the premises. The court dismissed the plaintiff's slander claim. The court also dismissed the plaintiff's fraudulent inducement claim against the apartment seller.

Higgins v. 120 Riverside Boulevard at Trump Place Condominium: Case No. 21-CV-4203 (SDNY; 8/31/22; Liman, J)