Tenant Showed No Grounds for Preliminary Injunction Against Landlord
LVT Number: #32188
Tenant sued landlord in federal court, claiming violations of the Fair Housing Act and Americans with Disabilities Act (ADA). Tenant used a wheelchair, and said landlord was about to start an eviction proceeding against him based on his behavior toward building staff. Tenant also sought to enjoin installation of "new patio sliding doors" in his apartment, claiming that they would prevent wheelchair users from using the apartment balcony. The court denied tenant's requests for preliminary injunctions against landlord since tenant didn't show irreparable injury was possible. No eviction proceeding was pending against tenant. The mere threat of proceedings that might possibly lead to tenant's eviction at some unknown future time was insufficient to show irreparable harm. Tenant claimed he'd have irreparable injury if new patio doors were installed, but he had lived with the old sliding patio doors for a long time.
Moore v. Capital Realty Group Inc.: 21-CV-1099, NYLJ No. 1656680585 (WDNY; 6/30/22; Vilardo, DJ)