Landlord Refused to Give Rear Door Keys to Disabled Tenant

March 31, 2009

LVT Number: #21133

Tenant complained to the New York State Division of Human Rights (DHR) that landlord discriminated against him by failing to make a reasonable accommodation for tenant's disability. Tenant was physically disabled and asked for keys to the building's rear entrance, which didn't have steps and was closer than the front entrance to available parking spaces. Landlord initially refused, and didn't provide the keys for more than a year. The DHR ruled for tenant, and ordered landlord to pay tenant $10,000 in compensatory damages.

Tenant complained to the New York State Division of Human Rights (DHR) that landlord discriminated against him by failing to make a reasonable accommodation for tenant's disability. Tenant was physically disabled and asked for keys to the building's rear entrance, which didn't have steps and was closer than the front entrance to available parking spaces. Landlord initially refused, and didn't provide the keys for more than a year. The DHR ruled for tenant, and ordered landlord to pay tenant $10,000 in compensatory damages. In addition, the DHR fined landlord another $10,000 as punitive damages. Landlord appealed. The court ruled for landlord in part, reducing the amount of compensatory damages to $2,500 for tenant's distress. But the court revoked the punitive damages award.

2132-38 Wallace Avenue Corp. v. Gibson: NYLJ, 3/30/09, p. 27, col. 2 (App. Div. 1 Dept.; Andrias, JP, Friedman, Buckley, Catterson, Acosta, JJ)

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