Preliminary Injunction to Reinstall Building Ramps Denied

Disabled tenants sued landlord for violations of the federal Fair Housing Act and New York State Fire Prevention and Building Code. They claimed that landlord improperly removed wheelchair ramps that tenants used at the building and therefore deprived them of reasonable and safe access to their apartments. They asked the court to direct landlord to reinstall the ramps while their case was pending. The court ruled against tenants. There was no irreparable harm, and tenants were unlikely to win the case. Landlord had removed ramps from rear patios to a grassy area behind the building during a renovation project that would remove ramps from all first-floor patios and enclose the patios. There was no discrimination under the Fair Housing Act because the presence of the ramps from their rear patios to the grass area wasn’t a reasonable modification necessary to provide tenants with equal opportunities to use and enjoy their housing. No residents would have access to the grassy area from their apartments in the future. Tenants also had unencumbered access to the grassy area by a sidewalk adjacent to the area by which all other tenants obtained access. There was no building or fire code violation because the proposed modification didn’t affect access to the building.

Little v. Landsman Development Corporation: No. 12-CV-6386T, 2012 WL 3862448 (WDNY; 9/5/12; Telesca, DJ)