Altered States

Originally published in Habitat Magazine in December, 2017

What must a co-op or condo board do to modify its policies for a disabled occupant? And whose obligation is it to propose a "reasonable" accommodation? These were issues discussed in the case of Steinberg-Fisher v. North Shore Towers Apartments Inc.

Arlene Steinberg-Fisher is a shareholder at North Shore Towers in Queens. The co-op allows shareholders to make alterations to their apartments, provided they sign an alteration agreement that includes a provision that alterations are to be completed within 90 days. If the alterations are not completed on time, there is a financial penalty. Apparently, this 90-day requirement did not appear in the alteration agreement signed by Steinberg-Fisher, and it seems there was a dispute as to whether the board had the right under its proprietary lease to regulate non-structural alterations.