Housing Court Can't Order Landlord to Replace Tub with Shower for Elderly Tenant

An 87-year-old rent-controlled tenant sued landlord in housing court, seeking an order to correct violations and to make landlord provide a reasonable accommodation in her apartment bathroom. Tenant said that she couldn't easily access the old-fashioned claw foot tub, and couldn't bathe unless neighbors allowed her to use their showers. Tenant claimed that landlord was required to replace the tub with a walk-in shower to accommodate her reduced mobility. Tenant had complained to the NYC Human Rights Commission (CCHR), which recommended that landlord replace the existing tub with either a bathtub with a cut-out on the side, or with a walk-in shower. But CCHR hadn't taken any action to enforce its recommendation and closed the case in June 2020, incorrectly stating that an accommodation was provided. The court ruled against tenant, who cited no provision of the Housing Maintenance Code, Building Code, Health Code, or Multiple Dwelling Law that supported her position. Housing Court didn't have the authority to declare that a condition or disability faced by an occupant required a modification or an alteration. Otherwise, the claw-foot tub presented no violation that must be corrected. 

Nuredin v. Koufa Realty Corp.: Index No. HP604/20, 2021 NY Slip Op 21103, NYLJ No. 1619553375 (Civ. Ct. Queens; 4/15/21; Sanchez, J)