Landlord Must Lay Down Lobby Floor Mats for Mobility-Impaired Tenant

Rent-stabilized tenant and the NY State Division of Human Rights (DHR) sued landlord for disability discrimination. They claimed this was based on landlord's denial of tenant's request for a reasonable accommodation to lay down permanent mats across the building lobby so that she could enter and exit the building safely while using her forearm crutches. At one time, before landlord replaced the former wood flooring in the lobby with ceramic floors, landlord had removed mats previously laid down in the lobby and tenant had slipped and been injured. Tenant and DHR argued that landlord refused to give tenant a reasonable accommodation for her disability and asked the court to rule in her favor without trial. At the same time, landlord asked the court to dismiss the case.

The court ruled for tenant and against landlord. Landlord must provide the requested accommodation by laying down full-time carpet runners, mats, or other floor covering over a sufficiently wide path from the lobby entrance door to the carpeted portions of the east wing elevator hallway on the upper level of the lobby, including some kind of covering on the existing, interior lobby stairs between the lobby's two levels. Tenant's claim for damages was separated from her claim for injunctive relief and would be continued separately.

NY State Div. of Human Rights v. Cooper Square Realty, Inc.: Index No. 450486/2013, 2020 NY Slip Op 32730(U)(Sup. Ct. NY; 8/19/20; Goetz, J)