Is Ramp Installation to Accommodate Disabled Tenant Infeasible at Building?
LVT Number: #33020
Tenant sued landlord for disability discrimination. She claimed that landlord violated the NYC Human Rights Law, which required landlord to make reasonable accommodations to the needs of persons with disabilities, because landlord wouldn't provide an accessible entrance ramp to the building. Tenant had lived in the building for 30 years. The building had an elevator, but there were three steps leading down to the building entrance from the first floor. Tenant showed that she now had physical limitations, that stair-climbing caused pain, and that she needed to use a wheelchair or scooter to get around. Landlord claimed that installation of a ramp at the building entrance was infeasible and would cause undue hardship.
The court denied the tenant's request for a ruling in her favor without a trial. Experts representing each side presented conflicting opinions, and landlord's expert said that it would be impossible to provide necessary ventilation to the ground-floor apartments when providing a ramp installation. A trial was needed to determine the facts.
Galonsky v. E. 17th LLC: Index No. 159661/2019, 2023 NY Slip Op 34402, NYLJ No. 1703689241 (Sup. Ct. NY; 12/15/23; d'Auguste, J)