Limited Access to Building for Disabled Tenants

Facts: Tenant complained to the New York City Commission on Human Rights (CHR) that landlord discriminated against handicapped persons in violation of city law. Tenant's two children suffered a chromosome deficiency condition that made it impossible for them to climb stairs. They could only enter the building by using a ramp leading from the street to the basement, and then taking an elevator to their floor. But landlord locked the basement door each day from 5 p.m. to 8 a.m. and programmed the elevator not to go to the basement during those hours. The CHR ordered landlord to change the basement door lock so that it could be opened from the outside at all hours and to give tenant a key. The CHR also awarded tenant $70,000 for mental anguish. Landlord appealed, claiming the CHR's decision was unreasonable because the city's Housing Maintenance Code bars bulkhead doors from having key locks. Court: Landlord loses. Landlord's claim that the Housing Maintenance Code bars bulkhead doors from having key locks had no merit. The Code merely barred doors and gates from being locked by keys from the inside so that they couldn't be readily opened in case of emergency by persons trying to get outside.

Prince Mgmt. Corp. v. Varela: NYLJ, p. 22, col. 5 (7/29/98) (Sup. Ct. NY; Weissberg, J)