Landlord Need Not Provide Parking Space to Tenant's Caregiver

Tenant filed a discrimination complaint with the New York State Division of Human Rights (DHR) against landlord when landlord took back her building parking space. Tenant claimed that landlord discriminated against her on the basis of age and disability. When landlord discovered in 2002 that the 77-year-old tenant no longer drove or owned a car, it revoked her parking agreement. Tenant claimed that she needed the parking space for use by her caregiver. The DHR ruled for tenant. Landlord appealed, claiming that the DHR’s decision was arbitrary and unreasonable. The court ruled for landlord. Under the state’s Human Rights Law, landlord can’t refuse to make reasonable accommodations in its rules, policies, practices, or services to tenants with disabilities. But landlord didn’t deny tenant a parking space. Tenant wanted to keep the parking space for use by a caregiver. This was a different service. And landlord didn’t provide this service to nondisabled tenants who may also have caregivers such as babysitters. There was no discrimination involved.

Lindsay Park Housing Corp. v. NYS Division of Human Rights: NYLJ, 11/10/08, p. 34, col. 1 (App. Div. 2 Dept.; Santucci, JP, Dillon, Dickerson, Chambers, JJ)