January 23, 2017
Moritt Hock & Hamroff Achieves Success For Resident Of Westbury Terrace Condominium
Law Firm Secures Reasonable Accommodations Under Fair Housing Laws
GARDEN CITY, NY; January 23, 2017 — The law firm of Moritt Hock & Hamroff announced that it has achieved successful results in its pro bono representation of an owner who resides at the Westbury Terrace Condominium, an individual who is living with mobility impairments. Working alongside Long Island Housing Services, Inc. (LIHS), Moritt Hock & Hamroff attorneys Robert L. Schonfeld and Christopher J. Clarke had filed an action in the United States District Court for the Eastern District of New York against the Board of Managers of the Westbury Terrace Condominium, alleging disability discrimination under the federal Fair Housing Act, the New York Human Rights Law and Nassau County Administrative Code.
The Westbury Terrace Condominium is a building located in Westbury, New York and constructed in 1973 prior to accessible design and construction requirements under the federal Fair Housing Act. Many of the common areas of the building were not handicap accessible including, but not limited to, the main lobby entrance and side entries to the building, the recreation room, parking area and the swimming pool area.
“Moritt Hock & Hamroff sought reasonable accommodations, so that our client would be afforded an equal opportunity to use and enjoy her home in the same manner as the other non-disabled residents of the building,” stated Robert L. Schonfeld. In particular, the complaint sought accommodations concerning the owner’s retention of her covered parking space, automated accessibility to entrances to the building, access to the lobby of the building for the resident, and turning on the buzzer system between 11:00 p.m. to 8:00 a.m. to allow emergency service responders, delivery persons or other visitors to enter the building after the doorman’s shift ended at 11:00 p.m.
As a result of the lawsuit, the Board of Managers provided the resident with accommodations, allowing her to retain a covered parking space, automating the entrance and exit doors, turning on the buzzer system at the times requested, installing an emergency generator to address safety concerns for residents with disabilities, and creating a path to ensure the access to Orchard Street. In addition, the Board of Managers installed a handicap accessible lift in the lobby to provide disabled residents equal access to the lobby entrance and a route to Post Avenue.
Moritt Hock & Hamroff continues to represent LIHS, seeking injunctive relief to prevent future discrimination by the Board of Managers as well as damages for diversion of its resources for representing the owner seeking reasonable accommodations from the Board of Managers.
Moritt Hock & Hamroff LLP, with offices on Long Island and Manhattan, provides a wide range of legal services to businesses, corporations and individuals worldwide.