Landlord Must Replace Handicap Ramps That It Removed

September 26, 2014

LVT Number: #25777

Two tenants sued landlord in federal court, claiming that it violated their rights under the Fair Housing Act and the New York State Fire Prevention and Building Code. Tenants said they were disabled and that landlord improperly removed wheelchair ramps at their building complex. This denied tenants safe and reasonable access to their apartments. Tenants asked the court to grant a preliminary injunction ordering landlord to reinstall the ramps. The parties settled by landlord agreeing to install ramps behind tenants' apartments.

Two tenants sued landlord in federal court, claiming that it violated their rights under the Fair Housing Act and the New York State Fire Prevention and Building Code. Tenants said they were disabled and that landlord improperly removed wheelchair ramps at their building complex. This denied tenants safe and reasonable access to their apartments. Tenants asked the court to grant a preliminary injunction ordering landlord to reinstall the ramps. The parties settled by landlord agreeing to install ramps behind tenants' apartments. Tenants later claimed that landlord didn't comply with the agreement because it simply created dirt and sod ramps with no rails and no foundation from the ground to the edge of their respective patios.  

The court ruled for tenants. The ramps installed by landlord didn't meet State Building Code requirements. Landlord's sod-covered inclines didn't constitute "ramps" within the meaning of the law and must be replaced to meet specifications for width, length, slope, non-slip materials, and handrails.

Little v. Landsman Development Corp.: Index No. 12-CV-6386T, NYLJ No. 1202667903616 (WDNY; 6/5/14; Telesca, J)

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