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THE FACT THAT THE CITY BUILDING CODE DID NOT REQUIRE DISABLED-ACCESS TO THE THIRD FLOOR OF DEFENDANT RESTAURANT DID NOT CONFLICT WITH THE FACT THAT THE HUMAN RIGHTS LAW MAY REQUIRE SUCH ACCESS (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiff, a disabled wheelchair user, had standing to bring a discrimination action against defendant restaurant alleging the third floor of the restaurant was not accessible. The fact that the NYC Building Code did not require disabled-access to the third floor based on the square-footage did not conflict with the Human Rights Law which may require access:

The Building Code and disability discrimination laws serve different purposes and can easily be enforced and harmonized. The Building Code serves foremost to ensure safety in construction and maintenance of structures. The accessibility provision at issue simply states that no disabled access is required for building areas which measure less than 2,500 square feet. The provision does not prohibit building owners from providing such access — it simply provides that, for purposes of the Building Code, no such access is required.

The disability discrimination laws are designed, as pertinent here, to ensure that disabled persons have reasonable access to public accommodations. While the Building Code might not require disabled access under the circumstances present here, this does not mean that more may not be required under the State and City Human Rights Laws’ (HRLs) disability discrimination provisions. In this, there is no conflict. To the extent there is any tension between the Building Code’s provisions and the HRLs, such tension may be remedied by the rule of reasonableness which is an integral component of the HRLs’ requirement that disabled persons be reasonably accommodated (see Executive Law § 296[c][i]; Administrative Code of City of NY § 8-107[15][b]). Jones v McDonald’s Corp., 2022 NY Slip Op 00814, First Dept 2-8-22

 

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