Roll-In Shower Not Required

LVT Number: 17785

Landlord sued to evict tenant of ''handicapped'' apartment for nonpayment of rent. Tenant used a wheelchair and claimed breach of the warranty of habitability because the apartment didn't contain a roll-in shower. The court ruled against tenant. Tenant appealed and lost. The warranty of habitability didn't require landlord to give tenant all conveniences. It just protected tenant against hazardous conditions.

Landlord sued to evict tenant of ''handicapped'' apartment for nonpayment of rent. Tenant used a wheelchair and claimed breach of the warranty of habitability because the apartment didn't contain a roll-in shower. The court ruled against tenant. Tenant appealed and lost. The warranty of habitability didn't require landlord to give tenant all conveniences. It just protected tenant against hazardous conditions.

WC Port Chester Housing Authority v. Mobley: NYLJ, 11/5/04, p. 27, col. 3 (App. T. 2 Dept.; McCabe, PJ, Rudolph, Angiolillo, JJ)