Bentley v. Peace and Quiet Realty 2 LLC
Daphne Bentley, a 66-year-old disabled woman, sued her landlord for refusing to allow her to move to a vacant lower-level, rent-stabilized apartment at her current rent, alleging a violation of the Fair Housing Act. Bentley, who suffers from cancer and difficulty climbing stairs, sought this accommodation to improve her ability to leave her top-floor apartment. The defendants moved to dismiss, arguing the requested accommodation was not contemplated by the FHAA, contending Bentley sought to accommodate her poverty, not her disability, and that offering the apartment at its maximum legal rent fulfilled their obligations. The court denied the defendants' motion to dismiss, ruling that Bentley's request to transfer units within the building is a cognizable accommodation under the FHAA and that a disability-neutral policy does not automatically preclude an inquiry into the reasonableness of the proposed accommodation. The court scheduled a hearing to determine the reasonableness and potential burden of the requested accommodation.