Tenant Can Assert Disability Claim

June 30, 2000

LVT Number: 14195

Landlord sued to evict 80-year-old rent-stabilized tenant for nonpayment of rent. Tenant counterclaimed that landlord didn't make reasonable accommodations for her disability under New York City law and that she had to move out temporarily when she became confined to a wheelchair because it was hard for her to get in and out of the building. She said this was a defense to her nonpayment of rent. Landlord argued that only the Commission on Human Rights could hear tenant's disability claim and asked the court to strike her defense and counterclaim.

Landlord sued to evict 80-year-old rent-stabilized tenant for nonpayment of rent. Tenant counterclaimed that landlord didn't make reasonable accommodations for her disability under New York City law and that she had to move out temporarily when she became confined to a wheelchair because it was hard for her to get in and out of the building. She said this was a defense to her nonpayment of rent. Landlord argued that only the Commission on Human Rights could hear tenant's disability claim and asked the court to strike her defense and counterclaim. The court ruled against landlord and stated that tenant could raise this defense and counterclaim in the nonpayment case.

Brussels Leasing LLP v. Young: NYLJ, 6/14/00, p. 34, col. 1 (Civ. Ct. Queens; Kramer, J)

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