I live on the fourth floor of a building without an elevator. I have mobility problems and the stairs are becoming increasingly difficult for me. Can I ask the landlord to move me to a unit on a lower floor?
If you make a request to your landlord based on your disability, he or she must enter into a cooperative discussion with you. “Refusing to discuss this with you is a violation of the city’s human rights law,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law. represents residential tenants, condo owners and landlords.
You are also entitled to a reasonable adjustment from your landlord. This is an adjustment that does not cause unnecessary problems for the landlord. In some cases they may not be able to fulfill your request. “This is not black and white: the landlord should try to accommodate you where they can,” Pierre-Outerbridge said. “But the outcome is not guaranteed.”
Looking for reasonable accommodation
You have the right to make a discrimination claim against your landlord if you have a disability and they do not provide you with reasonable accommodation. “So you can absolutely ask your landlord to move to an apartment on a lower floor if the stairs become increasingly difficult,” says Pierre-Outerbridge. However, if a lower floor apartment is not available, they are under no obligation to provide you with one.
Outerbridge Law is currently working with a client who is looking for a larger shower for her wheelchair. The tenant is also having trouble in the lobby because there are no chairs while she waits for her handicapped vehicle to take her to the doctor. “We are going to ask the landlord to provide seating in the lobby as a reasonable accommodation,” Pierre-Outerbridge said.
Reaching an agreement on housing
If you believe you have experienced discrimination, you can file a complaint with the New York City Commission on Human Rights (NYCCHR). “The committee will review the complaint, obtain information from both parties and if a settlement is not reached, they will make a decision,” Pierre-Outerbridge said.
It could take more than a year to get a decision from NYCCHR. “We’ve been handling a lot of cases while the agency makes a decision,” Pierre-Outerbridge said. A recent report from the NYC comptroller found that the agency takes an average of more than two years to make a decision. “Until the agency decides, the parties can talk and during that time the landlord has an incentive to settle,” Pierre-Outerbridge added.
If the landlord does not have an alternative apartment, you can agree that if a comparable apartment on a lower floor becomes available, you will be accommodated. “I would consider this a victory,” Pierre-Outerbridge said. “But I would like it to be part of a written agreement rather than just a verbal commitment.”
When you file a discrimination complaint, an attorney can guide you through the process, using relevant case law to help you reach a favorable settlement. “We are always looking for creative ways to get what we want for our customers,” said Pierre-Outerbridge.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law PC, which focuses primarily on tenant representation. The firm represents all parties in landlord-tenant disputes and transactional matters, such as monthly overages, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, inheritance claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of litigation experience before Supreme, DHCR and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law PC directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
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