Neither Landlord Nor Tenants Get Attorney's Fees Where Claim Settled

August 25, 2017

LVT Number: #27854

Tenants who claimed to be handicapped sued landlord for failing to provide a reasonable accommodation under the Fair Housing Act (FHA) during an elevator shutdown needed to make required repairs. Under a settlement agreement landlord installed a chairlift between the building's first and second floors for the duration of the now completed elevator repairs. Tenants then sought $54,000 in attorneys under the FHA. Landlord in turn sought $14,000. The court ruled against both sides. Tenants didn't prove that they weren't given a reasonable accommodation.

Tenants who claimed to be handicapped sued landlord for failing to provide a reasonable accommodation under the Fair Housing Act (FHA) during an elevator shutdown needed to make required repairs. Under a settlement agreement landlord installed a chairlift between the building's first and second floors for the duration of the now completed elevator repairs. Tenants then sought $54,000 in attorneys under the FHA. Landlord in turn sought $14,000. The court ruled against both sides. Tenants didn't prove that they weren't given a reasonable accommodation. They didn't claim that landlord knew of their alleged disabilities and didn't propose an accommodation that landlord rejected. On the other hand, tenants' claims were so frivolous as to justify awarding attorney's fees to landlord. 

Collado v. 946 Bushwick Ave., LLC: Index No. 16-CV-7173, NYLJ No, 1202792223311 (EDNY; 6/30/17; Glasser, J)

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