Client installed a room air conditioning unit through a brick exterior wall, a violation of their condominium’s rules. No formal application was made to do so, although client spoke with a Board member about the possible use of such a unit. The clients were served with a Notice to Cure in 2006 and consulted Adam Leitman Bailey, PC. Rather than wait to fight an eviction, the firm moved to stay further enforcement proceedings and brought an action based on City, State and Federal statutes forbidding discrimination against persons with disabilities, based on the client’s severe allergies.
Preliminary proceedings went on for several years, during which the client continued to live in their condo unmolested. The case was successfully tried in 2011 by one of the firm’s partners. The Court found not only that the client was protected by anti-discrimination laws and could keep their air conditioner, but that the Cryder House was required to pay the Feldmans’ reasonable attorney fees.