Condo Building Provided Sufficient Access for Handicapped Resident

Facts: Owner of a condominium apartment sued the building's board of managers for discrimination, claiming a violation of the city's human rights law. Unit owner has muscular dystrophy and claimed that landlord didn't accommodate his disability. Owner had great difficulty climbing steps. The building had one step at its street entrance and a passenger elevator separated from the lobby by three steps. While the passenger elevator was being renovated, unit owners used the freight elevator, separated by an additional five steps. The board of managers asked the court to dismiss the case without a trial. The court ruled against them. The board of managers appealed. Court: The board wins. The appeals court dismissed the case. To accommodate unit owner, the board had installed a $13,000 wheelchair lift, gave him a new, more accessible storage room, waived condo rules so he could install a washing machine in his apartment, and offered to arrange building access through the snowblower storage room. In 2005, unit owners had approved a $130,000 assessment to fund renovations to make the building handicap-accessible. The court found no wrongdoing by the condo board of managers.

Pelton v. 77 Park Ave. Condominium: NYLJ, 11/29/06, p. 18, col. 1 (App. Div. 1 Dept.; Friedman, JP, Sullivan, Williams, Sweeny, McGuire, JJ)