Partner Evan A. Richman Obtains Dismissal of Disability Discrimination Claim

Evan A. Richman obtained a Determination and Order from the Westchester County Human Rights Commission dismissing a Complaint alleging disability discrimination against a cooperative. The cooperative Board had advised the Complainant and her adult son that, while the Board would not permit the construction of a permanent wall to subdivide the apartment, the Board would provide a reasonable accommodation by allowing for a temporary wall to be erected in order to create a private sleeping area for the Complainant’s home health care aide.  However, the Complainant’s son proceeded to surreptitiously construct a permanent wall and then asserted claims of disability discrimination when the Board sought to have the wall removed.  The Commission concluded that there was no evidence of any discrimination since the cooperative provided the necessary reasonable accommodation required under the law and the Commission dismissed the Complaint.