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Doral II Condominium Association v. Pennsylvania Human Relations Commission

Commission's order finding that plaintiff had unlawfully discriminated against a disabled condominium owner reversed; the condominium board's refusal of a request for installation of a chair lift was not unlawful discrimination because installation would not have complied with the building code, and it would have endangered the safety of the other condominium residents and the public in general by narrowing the stairway.

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Argued: March 7, 2001

Doral II Condominium Association (Doral II) appeals*fn1 from an order of the Pennsylvania Human Relations Commission (Commission), which (1) directed that Doral II cease and desist denying reasonable requests for modifications to common areas which would accommodate individuals with disabilities; (2) awarded compensatory damages to Samuel Zaslow and the estate of Muriel Zaslow; and (3) imposed a civil penalty based on its determination that Doral II had violated Section 5(h)(3.1) and (3.2) of the Pennsylvania Human Relations Act (PHRA). *fn2

Muriel Zaslow, now deceased and her husband Samuel Zaslow (Zaslow) owned a condominium unit in the Doral II, 9906 Bustleton Avenue, Philadelphia, Pa. Doral II consists of one hundred twenty-two (122) condominiums in seven two-story buildings. Each two-story building is divided into sections of four condominium units, two on the first floor and two on the second floor. The Zaslow’s had a second floor unit.

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