'Reasonable Accommodation,' Rent Regulation, and the Fair Housing Act

The Bentley Case

For 24 years, tenant Bentley has rented a top-floor, rent-stabilized apartment in a four-story walk-up. She recently signed a 2-year renewal lease at a monthly rental of $820.64, but cancer surgery in 2004 has made it difficult for her to climb the stairs to get to her apartment. In October 2004, a first-floor apartment in the same building became vacant, and tenant requested to move to that apartment to avoid climbing the stairs. That apartment, which is also rent-stabilized, had previously rented for $833.58, but, upon vacancy, the rent stabilization law entitled landlord to a 20% increase, which would have brought the rent to $1000.30 per month. Landlord offered to rent the apartment to tenant at that price. Tenant, however, contended that landlord was obligated to rent the first-floor apartment to her at her existing regulated rent, noting that the financial burden to landlord would be limited because landlord would be entitled to a vacancy increase on tenant's top-floor apartment. Tenant brought an action in federal district court for the Eastern District of New York, contending that landlord's refusal to rent the apartment on tenant's terms constituted a violation of the federal Fair Housing Act Amendments. Landlord moved to dismiss for failure to state a claim.