Landlord Must Install Ramp

Facts: Tenant suffered a stroke and became confined to a wheelchair in 1999. Tenant asked landlord to install a ramp so he could enter and exit the building. Landlord claimed that this would create undue financial hardship. Tenant filed a discrimination complaint with the NYC Commision on Human Rights, which held a hearing. Landlord claimed that it had operated at a loss for the two prior years. In 2004, after a second stroke, tenant entered a nursing home. So landlord also argued that tenant should remain there. The Commissioner ruled for tenant and ordered landlord to install a ramp, widen doors, and install a lift in the building's lobby to accommodate disabled tenant. Landlord appealed, claiming that the Commissioner's decision was arbitrary and unreasonable. Court: Landlord loses. Though landlord claimed that it operated at a loss for two years, the Commissioner reasonably determined that landlord in fact operated at a profit, when depreciation was discounted. Landlord submitted no documentary proof of its claim regarding operations loss. And landlord wasn't ordered to install a new elevator or interior ramp. Tenant's doctor testified that there was no medical reason for tenant to remain in the nursing home. And tenant's wife testified that she could care for him in the apartment.

Matter of T.K. Mgmt., Inc.: NYLJ, 11/2/05, p. 19, col. 3 (Sup. Ct. Queens; Kitzes, J)