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Shapiro v. Cadman Towers, Inc.

51 F.3d 328 (1995)

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Shapiro v. Cadman Towers, Inc.

United States Court of Appeals for the Second Circuit
51 F.3d 328 (1995)

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Facts

Phyllis Shapiro (plaintiff) resided in an apartment building owned by Cadman Towers, Inc. (defendant). The building contained parking spaces that were available for rent to the apartment residents. Because there were fewer parking spaces than apartments, Cadman Towers maintained a waiting list for residents seeking parking spaces. Shapiro suffered from multiple sclerosis, a disease of the nervous system. Due to her disability, Shapiro experienced difficulty in walking, as well as incontinence. Shapiro requested that Cadman Towers immediately provide her with a parking space in the building. Without a parking space in the building, Shapiro was subject to a risk of injury and humiliation each time she left her apartment and each time she returned home. But Shapiro’s request was denied, and Cadman Towers advised Shapiro to place her name on the waiting list. Subsequently, Shapiro brought suit, contending that Cadman Towers violated the Fair Housing Act (FHA). The district court issued a preliminary injunction ordering Cadman Towers to immediately provide Shapiro with a parking space in the building. Cadman Towers appealed.

Rule of Law

Issue

Holding and Reasoning (Miner, J.)

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