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Landlord & Tenant Law
Disability Discrimination Claim Dismissed As Moot
Harris v. Community Housing Management Corp. NYLJ 9/28/21, p. 17, col. 1 U.S. Dist. Ct., S.D.N.Y. (Krause, Magistrate Judge)
In an action by disabled tenant alleging discrimination in violation of the Americans with Disabilities Act (ADA), defendants, landlord and managing agent, moved for summary judgment. The court granted the motion, holding that the claim was moot.
Tenant is a double amputee who made a complaint to the federal department of housing and urban development (HUD) alleging that landlord and the managing agent discriminated against him by failing to provide him with a parking spot near the entrance of the building. HUD assigned an "equal opportunity specialist" to mediate the dispute, and tenant eventually accepted an offer of $6,000. The managing agent then offered tenant his choice of three parking spaces that had been marked for wheelchair access, and informed tenant that if tenant did not respond, the spaces would be offered to other tenants. After failing to respond, tenant ultimately refused the offer of the new parking spaces.
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