Landlord Not Required to Install Ramp

Facts: Tenant lived in a co-op apartment that she owned. Tenant claimed that she was disabled under the Americans with Disabilities Act (ADA), since she couldn't walk and used a wheelchair. Tenant claimed that the steps from the first floor of the building down to the common area and the steps down to the public sidewalk weren't wheelchair accessible. Landlord cooperative corporation refused to install ramps. Tenant claimed that this was discrimination under federal law and asked the court to direct landlord to install the ramps. Courts: Tenant loses. The ADA requires landlords of public accommodations to make ''reasonable accommodation'' in their ''rules, policies, practices, or services.'' The law doesn't mention facilities. And tenant's building wasn't a public accommodation. Also, landlord showed that it would be a hardship to build the ramp. And landlord's architect stated that the design of the building's front entrance, as well as space constraints, made adding handicap access unfeasible.

Dorsey v. Hawthorn Garden Owners Corp.: NYLJ, 4/10/02, p. 23, col. 6 (Sup. Ct. Nassau; Lally, J)