Landlord Must Provide Disabled Tenant Access to Use Front Door

Co-op city tenant complained to the NYC Human Rights Commission (HRC) that landlord discriminated against him by not making the front door to his building accessible. Tenant had cerebral palsy and used a scooter to move around. Landlord offered to install a remote-controlled entryway at a side door 50 feet from the main entrance, but tenant said that would make him feel like a second-class citizen. Landlord went ahead and installed the side door accommodation about two years after tenant complained, but tenant refused to use it. The ALJ ruled against tenant, finding no discrimination. But the HRC rejected that finding and ruled for tenant. The HRC awarded tenant $51,000 for compensatory damages and fined landlord $50,000 for a civil penalty. Landlord appealed and won in part. The HRC violated New York City law and discriminated against tenant. But the damages and fine were excessive. The damages to tenant were reduced to $15,000. And the fine was reduced to $5,000.

RiverBay Corp. v. NYC Commission on Human Rights: Index No. 260832/10 (Sup. Ct. Bronx; 9/21/11; Brigantti-Hughes, J) [18-pg. doc.]