Elderly Tenant Can Keep Air Conditioner for Allergies

Co-op shareholder tenant sued landlord cooperative corporation after landlord sent tenant a 30-day notice to cure. Landlord's notice directed tenant to remove an air conditioner she had installed in the apartment without permission. Landlord claimed that tenant violated her lease and house rules by installing her own unit. The building was centrally air conditioned. Tenant was 86 years old, and suffered from asthma and allergies. She claimed that she needed the air conditioner to help her breathing. Tenant argued that landlord violated the Fair Housing Amendments Act and claimed discrimination based on disability. Landlord argued that there was no medical proof of tenant's claim. The court ruled for tenant, finding that landlord discriminated against her based on disability. The court found that there was sufficient proof of tenant's condition. There also was no proof that tenant's air conditioner damaged the building. Landlord also couldn't rely on the business judgment rule to support its actions.

Feldman v. The Cryder House: Index No. 16570/2006 (Sup. Ct. Queens; 11/16/11; Schulman, J)