Disabled Tenant Wants to Move to Lower Floor

Facts: Disabled, rent-stabilized tenant sued landlord. She wanted to move to a vacant apartment on a lower floor in her building. Tenant lived on the fourth floor of a walk-up building. She was a 66-year-old cancer patient who had trouble climbing stairs after surgeries. Landlord had offered to accommodate tenant if tenant paid the full legal rent for the new apartment. Tenant claimed that landlord should rent the new apartment to her at the same rent she paid for her current apartment. She said that landlord's refusal to do so violated the Fair Housing Act. Landlord asked the court to dismiss the case, claiming that the law didn't cover tenant's claim. Landlord argued that it had accommodated tenant by its offer, and that tenant sought accommodation for her poverty, not her disability. Court: Landlord loses. Under the Fair Housing Act, the court can consider tenant's request to transfer to another apartment in the building. If tenant does transfer apartments, she may be allowed to pay the lower rent she was paying for her current apartment. A hearing was needed to determine if tenant's proposal was reasonable.

Bentley v. Peace and Quiet Realty 2, LLC: NYLJ, 5/18/05, p. 23, col. 1 (EDNY; Garaufis, J)