Landlord Can Remove Disabled Tenants' Second Parking Space
LVT Number: #27446
Disabled tenants used two parking spaces at a Yonkers building for 13 years until landlord denied their use of one space so that it could provide parking to another tenant. Tenants sued landlord, seeking a reasonable accommodation under the Americans with Disabilities Act (ADA) and the Fair Housing Act. They asked for an injunction against landlord so that they could continue to use the second parking space. The court ruled against tenants. Although provision of a parking space for a disabled individual has been found to be a reasonable accommodation, a request for two parking spaces by disabled tenants of one apartment was a matter of convenience, not reasonable accommodation under the law. Tenants didn’t demonstrate why one parking space would not allow tenants to go to medical treatments and have independent mobility.
Temple v. Hudson View Owners Corp.: Index No. 16-CV-3203, NYLJ No. 1202773652924 (SDNY; 11/28/16; Seibel, J)