Tenant Claims Discrimination Resulting from Building Renovation

Tenant sued landlord and HPD in federal court. He claimed that major construction at the building had caused roaches in his apartment, and that landlord's work discriminated against him as a disabled person under the Americans with Disabilities Act (ADA). Tenant wasn't represented by an attorney, and asked the court for permission to proceed as a poor person. The court ruled for tenant, but ordered him to amend his complaint within 30 days. Tenant didn't clearly state the basis of his claim. He didn't describe his disability, and the ADA couldn't be used as grounds for a lawsuit against landlord for money damages. This provision applied only to public accommodations. Tenant may have a claim under the Fair Housing Amendments Act of 1988 (FHA), but he must show that he suffers from a physical or mental impairment that substantially limits one or more of his major life activities. So far, tenant hadn't claimed that he suffered from a handicap as defined by the FHA or that landlord or HPD knew or should have known of any handicap and failed to make necessary accommodations.

Rappo v. 94-11 59th Ave. Corp.: Index No. 11-CV-4371, 2011 WL 5873025 (EDNY; 11/21/11; Townes, DJ)