Tenants Didn't Prove Washer/Dryer Were Needed in Apartment to Accommodate Son's Disability

Landlord sued to evict tenants based on tenants' breach of a lease by maintaining a washer and dryer in their apartment. Tenants claimed in defense that landlord had waived its right to object to the washer/dryer and that they needed the washer/dryer as a reasonable accommodation for their minor son's disability under the Fair Housing Act.

The court ruled for landlord after a trial. Tenants appealed and lost. Tenants didn't prove waiver since they didn't prove that the prior landlord waived its right to object to appliances. The current landlord bought the building in 2014, disconnected the machines in 2016, and sent tenants notices in 2017 and 2019 ordering them to remove the appliances. There was insufficient proof that landlord intentionally gave up a known right. Tenants also didn't prove entitlement to a reasonable accommodation under the FHA since they failed to show that the requested accommodation was "likely necessary" to give their minor son an equal opportunity to use and enjoy the dwelling. There was no medical evidence showing that it was necessary to accommodate the son's disability and no showing that the washer/dryer was a required accommodation under the NYC Human Rights Law. 

Union St. Houses, LLC v. Levinson: Case No. 2023-95 KC, 2025 NY Slip Op 50498(U), 85 Misc.3d 136(A)(App. T. 2; 4/4/25; Buggs, JP, Mundy, Quinones, JJ)