Was Disabled Tenant's Request for Apartment Modifications Reasonable?

Tenant sued landlord for disability discrimination, seeking a reasonable accommodation for a claimed disability. Tenant claimed that he had multiple physical disabilities, including chronic back pain, arthritis, and leg cramps that limited his mobility. He provided a doctor's letter that supported his claim and stated in his complaint that he requested reasonable accommodations or modifications to the apartment's bathroom and kitchen. Tenant claimed that landlord denied and/or failed to act upon his request, in bad faith. Tenant also claimed that landlord violated a federal court stipulation from a prior action tenant commenced where the parties stipulated to engage in "cooperative dialogue" before tenant commenced any further action in state court. Tenant asked the court to rule in his favor without a trial.

The court ruled against tenant. Even assuming that tenant proved he was disabled under the law requiring reasonable accommodation, he hadn't demonstrated that landlord failed to engage in a good faith dialogue regarding his requests. And landlord had made at least two visits to the apartment and had stated that tenant's proposed modifications were quite significant and impossible. Landlord claimed that tenant wanted landlord to remove structural walls, which wasn't possible. He also wanted custom appliances, bathtub, kitchen cabinets, and more counter space, which landlord didn't consider to be a reasonable accommodation. This work would require an architect and permits. The court set the case down for a preliminary conference.

Syllman v. Kew Gardens Hills, LLC: Index No. 157630/2023, 2024 NY Slip Op 32967(U)(Sup. Ct. NY; 8/19/24; Ramseur, J)