Shapiro v. Cadman Towers, Inc.

Phyllis Shapiro (plaintiff) suffered from multiple sclerosis, an incurable, progressive disease that cased physical weakness, difficulty walking, motor-skill issues, and incontinence. The severity and frequency of Shapiro’s symptoms were unpredictable, but doctors found that Shapiro’s condition would likely continue to deteriorate until Shapiro was rendered totally disabled. Shapiro was unable to use public transportation and relied solely on her car or a car service for transportation. Shapiro received a special permit from the City of New York to increase available street-parking options, but congestion and difficulties with area residents meant that she was unable to reliably find parking close to her apartment. Shapiro became a resident at Cadman Towers, Inc. (Cadman) (defendant), a residential complex with reserved, indoor parking spaces. Cadman had fewer parking spaces than residents and had a first come, first served residents-only wait-list for access to the spots. Shapiro notified Cadman about her disability, but Cadman refused to create an exception for her. Shapiro filed suit in federal district court, alleging violations of the Fair Housing Amendments Act (FHAA). Shapiro moved for a preliminary injunction requiring Cadman to provide one of its indoor parking spots. Cadman argued that Shapiro was not entitled to reasonable accommodations during the wait-list period of the parking-assignment process and was due accommodations only upon being awarded a spot.