Roberts v. Royal Atlantic Corp., CV 03-2494.
| Decision Date | 15 August 2006 |
| Docket Number | No. CV 03-2494.,CV 03-2494. |
| Citation | 445 F.Supp.2d 239 |
| Parties | June ROBERTS, Anita Bradley, Elizabeth Gardner, Stephen Lee and Suffolk Independent Living Organization (SILO), Plaintiffs, v. ROYAL ATLANTIC CORPORATION, Royal Atlantic North Corporation, Royal Atlantic Restaurant Corporation, Double K Management Corporation, Star Development Realty Holding Corporation, Des Realty Corporation, Ocean Realty Holding Corp., Steven Kalimnios, Anthony Kalimnios and Themistocles Kalimnios, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Law Office of Martin J. Coleman, By: Martin J. Coleman, Esq., Hauppauge, for Plaintiffs.
Alan M. Kane, Esq., Fairfield, for Defendants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This action was commenced by Plaintiffs pursuant to the Americans With Disabilities Act, 42 U.S.C. § 12101 (the "ADA"). Specifically, the action is brought pursuant to Title III of the ADA, which prohibits discrimination in places of public accommodation. See 42 U.S.C. § 12182 (Title III). Named as defendants are various corporate entities and individuals with ownership and/or management interests in the Royal Atlantic cooperative buildings located in Montauk, New York (the "Royal Atlantic" or the "Resort").1 Plaintiffs (with the exception of the corporate plaintiff organization) are disabled individuals who seek access to the rooms and facilities of the Resort.
A non-jury trial of Plaintiffs' claims was commenced on May 31, 2005. The parties adjourned the trial pending the completion of a report by an agreed upon architect (the "Independent Architect") who was charged with evaluating the Royal Atlantic to determine the feasability of changes to bring the property into ADA compliance. It was the hope of the parties and the court that the report of the Independent Architect would facilitate a settlement. When no settlement was reached, the nonjury trial was resumed and concluded in April of 2006. The parties have submitted their proposed findings of fact, conclusions of law and legal memoranda. The court has considered those submissions and this constitutes the Court's findings of fact and conclusions of law.
1. The individual plaintiffs are individuals with disabilities. Plaintiff Suffolk Independent Living Organization ("SILO") is a New York not-for-profit group the purpose of which is to advocate for disabled individuals in Suffolk County, New York.
2. The Resort is a group of apartment units in buildings located on oceanfront property in Montauk, New York. The Resort consists of two separate residential cooperative corporations both named as defendants herein—the Royal Atlantic Corporation ("Royal Atlantic South") and the Royal Atlantic North Corporation ("Royal Atlantic North"). Royal Atlantic South consists of 98 units in 6 interconnected buildings on two floors. Royal Atlantic North consists of 39 units in 5 buildings on two floors. When referring to the two parts of the resort and its facilities collectively, the court will refer to the "Resort."
3. Owners of units in the Royal Atlantic South and Royal Atlantic North corporations are shareholders in the respective corporations and holders of proprietary leases that give them the right to occupy particular units. The court will refer herein to unit owners as "proprietary tenants."
4. Proprietary leases govern the relationship between the Resort's cooperative corporations (the "Lessor") and the proprietary tenants. Two of those leases were entered into evidence at trial and are deemed by the court to represent the typical proprietary lease entered into between the cooperative corporations and the proprietary tenants (the "Lease").
5. Pursuant to the terms of the Lease, the Lessor is responsible for keeping in good repair the buildings at the Resort, its walkways and surrounding areas. The Lessor is also required to maintain and manage the Resort's buildings and to keep the common areas clean.
6. The terms of the Lease require that proprietary tenants keep the interior of their units in good repair. Proprietary tenants are responsible for the painting and decorating of their units. Additionally, they are responsible for the maintenance, repair and replacement of plumbing, gas and heating fixtures and equipment as well as refrigerators, ranges and other appliances, exposed pipes and the fixtures to which they are connected. The responsibility of proprietary tenants ends at the walls of the units so that they are not responsible for those pipes or conduits that are within the walls of the unit but are responsible for lighting and electrical fixtures and equipment on the interior walls of the unit.
7. Proprietary tenants are required to obtain the written consent of the Lessor before making any alteration to the water, gas, plumbing, heating, air conditioning, electrical conduits, wiring or outlets in the unit.
8. The Resort is located on oceanfront property. Units are located on two floors. There is no elevator between levels and the parties agree that accessibility to the second story units is not at issue here.
9. Among the amenities made available to the proprietary tenants are outdoor swimming pools located in the center of first floor units at the Resort. The pools are located at the Royal Atlantic South and the Royal Atlantic North and are surrounded by a narrow deck.
10. Units at the Resort are appropriate for use only during the summer months. Many proprietary tenants make their units available for rental to the general public during the summer months. These units are advertised to the public on the Resort's website. The exact number of proprietary tenants who make their units available for rental (as opposed to those who retain their units for their own personal use during the summer season) was not established at trial.
11. Units owned by the Royal Atlantic Corporation were built in the early 1970's. Each of these units consist of a total area of between 250 and 364 square feet. Included in this square footage is a bathroom and a small kitchen area with a refrigerator and stove.
12. Units owned by the Royal Atlantic North Corporation were built in the early 1980's. Each of these units consist of a total area of approximately 450 square feet. Included in this square footage is a bathroom and a small kitchen area with a refrigerator and stove.
13. Defendants Royal Atlantic Corporation and Royal Atlantic North Corporation are cooperative corporations that own the land and buildings at the Resort.
14. Defendant Double K Management Corporation ("Double K") is a management agent that, in exchange a portion of the rental income of a unit, provides services attendant to the rental. For example, Double K provides for maid and maintenance service during the rental period. Double K also acts as a sales agent for proprietary tenants, arranging for rentals when inquiry is made. The relationship between Double K and proprietary owners wishing to rent their units is governed by a management rental agreement.
15. Defendant DES Realty ("DES") is a proprietary tenant in both the Royal Atlantic Corporation and the Royal Atlantic North Corporation. When this action was commenced, DES owned certain units on the first floor of the Resort. During the pendency of this action, DES sold certain of its units and all units currently owned by DES are located on the second floor of the Resort.
16. Defendant Ocean Realty Corporation ("Ocean Realty") is a proprietary tenant in both the Royal Atlantic Corporation and the Royal Atlantic North Corporation. When this action was commenced, Ocean owned certain units on the first floor of the Resort. During the pendency of this action, Ocean sold certain of its units and all units currently owned by Ocean are located on the second floor of the Resort.
17. Defendant Star Development Realty Holding Corporation ("Star") is a proprietary tenant in both the Royal Atlantic Corporation and the Royal Atlantic North Corporation. When this action was commenced, Star owned certain units on the first floor of the Resort. During the pendency of this action, Star sold certain of its units and all units currently owned by Star are located on the second floor of the Resort.
18. Defendants Steven Kalimnios and Anthony Kalimnios are proprietary tenants who have, during the entire pendency of this action, owned second floor units at the Resort.
19. Units owned by the named Defendants originated from a corporate entity known as Taukpoint Realty Corp, the corporate sponsor of the cooperatives upon their formation.
20. There is no evidence that Defendant Themistocles Kalimnios is a proprietary tenant who owns any unit in the Resort.
21. At no time during the pendency of this lawsuit have Plaintiffs asked that the sale of any units at the Resort by restrained in any way and the court has never entered an order to that effect. Thus, there has never been any court ordered restriction on the sale of any units and the proprietary tenants have remained free to offer their units for sale in the marketplace.
22. Plaintiff Steven Lee ("Lee") uses a wheelchair. Lee was a guest at the Resort during the last week of June 2003. During his stay at the Resort, Lee had difficulty negotiating his wheel chair through the gravel covered parking lot. Mr. Lee had difficulty checking into the Resort because his wheelchair could not enter the office due to the presence of steps. Lee was assisted in getting to the room of a family member by a Resort employee who helped to push Mr. Lee's wheelchair through the gravel parking lot.
23. The doorway leading to the bathroom in Mr. Lee's room was not wide enough to accommodate Mr. Lee's wheelchair. Consequently, he was unable to enter the bathroom during his stay at the Resort. Since Mr. Lee uses a catheter, he required the assistance of family...
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Roberts v. Royal Atlantic Corp.
...at the Resort; and (5) the modification of some, but not all, of the previously altered apartment units. Roberts v. Royal Atl. Corp., 445 F.Supp.2d 239, 244, 246 (E.D.N.Y.2006). At one point in the proceedings, the parties agreed that a report by an independent architect evaluating the feas......
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Roberts v. Royal Atl. Corp.
...and individuals with ownership and/or management interests in the Royal Atlantic.1 After: (1) a 2006 trial, Roberts v. Royal Atlantic, 445 F. Supp.2d 239 (E.D.N.Y. 2006); (2) a 2008 appeal, Roberts v. Royal Atlantic Corp., 542 F.3d 363 (2008); (3) a 2009 denial of certiorari by the United S......