Landlord Needn't Make Premises Handicapped Accessible

Tenant, a disabled veteran, sued landlord in federal court, claiming that areas of his apartment and the apartment complex were inaccessible to him due to his disability. He also claimed discrimination under the Americans with Disabilities Act. Landlord asked the court to dismiss the case, claiming that it was in compliance with any applicable laws. The court ruled for landlord and dismissed the case. The Fair Housing Act mandates that public areas of buildings must be accessible to all tenants, but applies only to buildings first occupied after March 31, 1991. Because the building complex opened in 1983, the law didn't apply to landlord. While the law also bars landlord from refusing permission for tenant to make reasonable modifications to the apartment at tenant's expense, tenant didn't claim that he made any changes or that landlord refused any request by tenant to modify the apartment. And since landlord was a private entity that didn't receive federal assistance, tenant couldn't claim discrimination under the ADA.

Ernst v. Gateway Plaza Management Corp.: Docket No. 11 Civ. 1169, 2012 WL 1438263 (SDNY; 4/25/12; Crotty, J)