DHCR Can't Require Landlord to Put Handicapped-Access Toilet in Apartment

Rent-stabilized tenant complained of a reduction in services, because landlord promised that her apartment would be fully ADA compliant and the bathroom toilet still wasn't handicapped accessible. The DRA ruled against tenant, who appealed and lost. The DHCR doesn't enforce the Americans with Disabilities Act (ADA). There was no showing that a handicapped-accessible toilet was a service previously provided to tenant. So the DRA correctly dismissed the complaint. If a federal, state, or city agency that enforces the ADA requires a handicapped toilet to be provided in tenant's apartment, landlord will have to comply with the other agency's directive.

Shelton: DHCR Adm. Rev. Docket No. HO610038RT (7/9/20) [2-pg. doc.]