• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Protected Classes
  • Management Issues
  • eAlerts
  • Resources
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Protected Classes
  • All Protected Classes
  • Disability
  • Familial Status/Age
  • Race/Color/National Origin
  • Religion
  • Sex/Sexual Orientation
  • Other Classes
  • Management Issues
  • Accommodations
  • Advertising/Applications
  • Complaints/Investigations
  • Employees/Contractors
  • Eviction
  • Leasing
  • Other Issues
  • eAlerts
  • Cases and Settlements
  • HUD News
  • Reports & Studies
  • Other
  • Resources
  • Fair Housing Coach Resources
May 08, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 08, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 08, 2025
FHC Logo.webp
  • Archives
  • Protected Classes
    • All Protected Classes
    • Disability
    • Familial Status/Age
    • Race/Color/National Origin
    • Religion
    • Sex/Sexual Orientation
    • Other Classes
  • Management Issues
    • Accommodations
    • Advertising/Applications
    • Complaints/Investigations
    • Employees/Contractors
    • Eviction
    • Leasing
    • Other Issues
  • eAlerts
    • Cases and Settlements
    • HUD News
    • Reports & Studies
    • Other
  • Resources
    • Fair Housing Coach Resources
Free Issue
The Habitat Group Logo
May 08, 2025
  • Log In
  • Log Out
  • My Account
Home » NY Landlord Barred Tenant’s Use of Motorized Scooter

NY Landlord Barred Tenant’s Use of Motorized Scooter

Jan 4, 2021

A tenant sued her landlord for disability discrimination in violation of the federal Fair Housing Act. The tenant lived in a ground-floor unit in an apartment complex. Due to multiple disabilities, the tenant used a motorized scooter to get from her apartment's patio door across a lawn to the parking lot. But the landlord couldn't maintain a clear, level path to sidewalks and parking lots and therefore forbade the use of apartment patio doors for coming and going. An insurance agent's report also advised the landlord that the motorized scooter use created liability exposure. The landlord then refused to renew the tenant's lease. The landlord asked the court to dismiss the case without a trial.

The U.S. District Court for the Northern District of New York ruled against the landlord. The landlord failed to demonstrate that the tenant's use of her scooter wasn't a reasonable accommodation for her disability, and didn’t show that maintaining a level path to the parking lot would impose undue hardship or a substantial burden on the landlord. The landlord's liability concerns alone were speculative. There also were issues of fact that required a trial. The court needed to determine if the landlord's offer to install a sidewalk was a reasonable accommodation [Timmons v. Kingsley-Johnston, Inc.: Index No. 5:18-CV-1087, NYLJ No. 1605536354 (NDNY; 11/13/20)].

Cases and Settlements
    • Related Articles

      NY Landlord Pays $400K to Settle Sexual Harassment Claim

      Judge: NY Landlord's 'Reprehensible' Discrimination Merits Maximum Penalty

      N.M. Landlord Accused of Denying Disabled Tenant’s Accessibility Requests

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing