Picaro v. Pelham 1135 LLC

5 Citing cases

  1. Doll v. Trellis Walnut Towers LLC

    24-cv-136 (ECT/TNL) (D. Minn. Sep. 30, 2024)

    A failure-to-accommodate claim seems to be a predominant FHAA theory when a handicapped resident sues over a non-functioning elevator. See, e.g., Williams v. N.Y.C. Hous. Auth., 408 Fed.Appx. 389, 391 (2d Cir. 2010); Picaro v. Pelham 1135 LLC, No. 14-CV-7398 (JPO), 2014 WL 4678265, at *2-5 (S.D.N.Y. Sept. 19, 2014); Dinapoli v. DPA Wallace Ave II, LLC, No. 07 Civ. 1409 (PAC), 2009 WL 755354, at *5-6 (S.D.N.Y. Mar. 23, 2009); Congdon, 854 F.Supp. at 362-63.

  2. Martinez v. Lexington Gardens Assocs.

    336 F. Supp. 3d 270 (S.D.N.Y. 2018)   Cited 6 times

    Through the reasonable accommodation requirement, "the law โ€˜imposes an affirmative duty upon landlords reasonably to accommodate the needs of handicapped persons.โ€™ " Picaro v. Pelham 1135 LLC , No. 14-CV-7398 JPO, 2014 WL 4678265, at *2 (S.D.N.Y. Sept. 19, 2014)(quoting United States v. Cal. Mobile Home Park Mgmt. Co. , 29 F.3d 1413, 1418 (9th Cir. 1994) ). In general, a landlord is required to make a reasonable accommodation provided that doing so does not impose an undue hardship or burden.

  3. Hostos v. 3225 Realty Corp.

    17-CV-5989 (JPO) (S.D.N.Y. Jul. 25, 2018)   Cited 1 times

    "[P]rohibited discrimination encompasses 'a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.'" Picaro v. Pelham 1135 LLC, No. 14 Civ. 7398, 2014 WL 4678265, at *2 (S.D.N.Y. Sept. 19, 2014) (quoting 42 U.S.C. ยง 3604(f)(3)(B)). "To make out a claim of discrimination based on failure to reasonably accommodate in the housing context, 'a plaintiff must demonstrate that: (1) he suffers from a handicap as defined by the FHAA; (2) defendants knew or reasonably should have known of the plaintiff's handicap; (3) accommodation of the handicap may be necessary to afford plaintiff an equal opportunity to use and enjoy the dwelling; and (4) defendants refused to make such accommodation."

  4. Collado v. 946 Bushwick Ave., LLC

    16-CV-7173 (E.D.N.Y. Jun. 30, 2017)

    In a case almost identical to this one, the court denied plaintiff's motion for a preliminary injunction because defendant landlord's proposed accommodation - to temporarily move plaintiff into an apartment on the first floor for the same rent while the elevator was decommissioned - was deemed reasonable. Picaro v. Pelham 1135 LLC, No. 14-CV-7398, 2014 WL 4678265, at *3 (S.D.N.Y. Sept. 19, 2014) (also holding that plaintiff's proposed accommodation - that defendant would hire a porter service to carry the handicapped plaintiff up and down the stairs to his apartment - was unduly burdensome and therefore not reasonable). In this case, had a first floor apartment been habitable, the Defendants would have made it available, as was indicated above. It is significant to note that the landlord found an apartment in another building which he proposed for Ms. Collado to have, but she rejected his proposal.

  5. Edstrom v. St. Nicks All. Corp.

    2020 N.Y. Slip Op. 32604 (N.Y. Sup. Ct. 2020)

    To establish "a claim of discrimination based on failure to reasonably accommodate in the housing context, a plaintiff must demonstrate that: (1) he suffers from a handicap as defined by the FHA; (2) defendants knew or reasonably should have known of the plaintiff's handicap; (3) accommodation of the handicap may be necessary to afford plaintiff an equal opportunity to use and enjoy the dwelling; and (4) defendants refused to make such accommodation." Picaro v Pelham, 1135 LLC, 2014 US Dist LEXIS 132198, *6 (SDNY 2014).