Landlord-Tenant—Long Term Elevator Shutdowns—Question of First Impression—Complaint Which Alleged NYC Dep’t of Buildings Violated the Americans With Disabilities Act and Fair Housing Act Dismissed—NYC Public Advocate and an Advocacy Organization Lacked Standing—Plaintiffs Sought to Enjoin Landlord From Shutting Down Elevator for Repairs for Up to Five Months—Plaintiffs Alleged That City’s Elevator Permitting Process Does Not Provide for Reasonable Accommodations for Individuals With Disabilities—”Issuance of Building or Construction Permits Did Not Constitute a ‘Service, Program, or Activity’ Under the ADA”—ADA and Fair Housing Act Claims Dismissed—Unclear Whether the Public Advocate Has Capacity to Sue
Individual plaintiffs, together with NYC Public Advocate Letitia James, commenced an action against defendant landlords and a management company (landlord) and the NYC Department of Buildings and its commissioner (DOB). The plaintiffs sought a preliminary injunction to enjoin the landlord from shutting down an elevator for planned repairs for up to five months. A trial court had denied the plaintiffs’ motion, without prejudice based on the landlord providing reasonable accommodations to plaintiffs as had been offered at a hearing.
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