Court Revokes Damages Awarded to Disabled Tenant

Disabled tenant complained to the New York City Commission on Human Rights (CHR) that landlord failed to provide a reasonable accommodation, in violation of the city's Human Rights Law. Tenant was permanently wheelchair-bound following a car accident. She lived in a first-floor apartment in Astoria. Her husband or someone else had to carry her up and down the five stairs between the first floor and the building lobby whenever she went in and out. Although, after a hearing, the Commission's ALJ agreed with landlord that rampway construction options were infeasible, CHR's commissioner didn't adopt the ALJ's findings and ruled for tenant. Landlord was ordered to pay $125,000 in civil penalties and to pay tenant $75,000 for mental anguish. Landlord filed an Article 78 appeal, claiming that HRC's decision was unreasonable.

The court ruled against landlord, for the most part. The court found that CHR reasonably determined that landlord could accommodate tenant by converting the window to a door even though there was some disagreement on how difficult that would be to accomplish. However, the court reduced the damages for mental anguish from $75,000 to $60,000.

Landlord appealed and won. The appeals court found that there was no substantial evidence to contradict landlord’s claim that installing an accessible entrance was structurally unfeasible. 

Marine Holdings v. NYC Commission on Human Rights: Index No. 10951/12, NYLJ No. 1202753846266 (App. Div. 2 Dept.; 3/30/16; Leventhal, JP, Dickerson, Roman, Maltese, JJ)