A DISCRIMINATING COOP?

In Hirschmann v. Hassapoyannes, Constantine Hassapoyannes sought to stop a cooperative corporation from withdrawing its approval of his application to purchase a unit in the building.

At his board interview, Hassapoyannes agreed to abide by the coop's policy which prohibited washers and dryers in apartments. However, prior to closing, Hassapoyannes informed the building's managing agent he required the machines due to a disability. Upon learning of that development, the board withdrew its approval of the sale, arguing he was late in disclosing his need for a washer and dryer and this indicated he was "dishonest and uncooperative" and would likely "not work with the co-op to ensure a safe installation."

After the New York County Supreme Court directed the coop to reinstate its approval and allow the transfer to proceed, the cooperative appealed to the Appellate Division, First Department, which upheld the injunction.

Hassapoyannes established the board discriminated in its handling of the application, while the entity was unable to present a non-discriminatory reason for its revocation.

The AD1 further noted Hassapoyannes wasn't legally required "to disclose, and the co-op was not permitted to inquire into, buyer's disability, and consequent need for a reasonable accommodation, at the interview, or indeed at any time prior to its decision on the application."

That's far from a wash.

To download a copy of the Appellate Division's decision, please use this link: Hirschmann v. Hassapoyannes