MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Genevieve Timmons commenced this action pursuant to the Fair Housing Act (“FHA”) and the New York State Human Rights Law (“NYSHRL”) against Kingsley-Johnston, Inc., Cobblestone Square Apartments, LLC (“Cobblestone Square”), and Deanna Johnston (collectively, “Defendants”) for discrimination in housing rental on the basis of disability. Following Genevieve Timmons’ death in May 2019, William Timmons, her husband and administrator of her estate, was substituted as Plaintiff in this case. Now before the Court is Defendants’ motion for summary judgment seeking dismissal of the Complaint in its entirety. Dkt. Nos. 26-2 (“Johnston Affidavit”); 26-3 (“Walter Affidavit”); 26-4 (“MacKnight Affidavit”); 26-5 (“Statement of Material Facts” or “SMF”); 26-6 (“Memorandum”). Plaintiff opposes the motion. Dkt. Nos. 27 (“Opposition”); 27-1 (“Response to SMF”); 27-2 (“William Timmons Affidavit”); 27-3 (“Frawley-Clarke Affidavit”); 27-4 (“Kirchner Affidavit”); 28 (“Johnston Deposition, Part 1″); 28-1 (“Johnston Deposition, Part 2″); 28-2 (“Timmons Deposition”); 28-3 (“Interrogatories”). Defendants have filed a reply. Dkt. Nos. 29 (“Reply”); 29-1 (“Johnston Reply Affidavit”). For the following reasons, the Court denies Defendant’s motion. II. BACKGROUND The following facts are undisputed unless otherwise noted. Genevieve and William Timmons began their tenancy of a ground-floor apartment at Cobblestone Square in September 2011. SMF 5. Defendant Kingsley-Johnston, Inc. is a property management company responsible for managing Cobblestone Square. Id. 1. Defendant Deanna Johnston is the president of Kingsley-Johnston, Inc. Id. 2. The apartment buildings at Cobblestone Square are all accessed by a three — or four-step concrete staircase. Id. 4. Ground-floor apartments have outdoor patios with sliding glass doors. Id. 6. However, Cobblestone Square does not permit residents to use the patio doors for regular ingress and egress because Cobblestone Square cannot maintain a clear and level path from the patios to the sidewalks or parking lots. Id.; Johnston Aff. 5. During her tenancy, Genevieve Timmons had multiple disabilities that affected her mobility, including osteoarthritis, connective tissue disease, and degenerative disc disease. Opp’n at 6-7; Timmons Aff.
4-5. In 2013, Genevieve Timmons began using a motorized scooter regularly. Opp’n at 7; Timmons Dep. at 7-8. By March 2017, Genevieve Timmons was incapable of leaving the apartment on her own by traversing the stairs at the main entrance of the apartment. Timmons Aff. 7. Instead, she used her scooter to travel between her apartment and the parking lot through the patio door and across the lawn. SMF 14; Opp’n at 7. In late March 2017, Johnston spoke with Genevieve Timmons regarding parking and the storage of items on their patio, including a motorized scooter and a snow blower. SMF
