JED S. RAKOFF, U.S.D.J.
Plaintiffs, four mobility-impaired tenants of 551 West 157th Street, allege that the failure of the defendant landlord to install a ramp or lift that will make the building entrance accessible to wheelchairs constitutes a violation of the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., the New York State Human Rights Law, N.Y. Exec. Law § 290 et seq., section 8-107(5) of the New York City Administrative Code, and the New York City Building Code, N.Y. Admin. Code, Title 27. Both sides timely moved for summary judgment and, upon consideration of the parties' written submissions and oral arguments, the Court telephonically advised the parties on December 2, 1997 that plaintiffs' motion would be denied and defendant's motion granted. This memorandum will serve to confirm those rulings and briefly state the reasons therefor.
The relevant facts, taken most favorably to plaintiffs but largely undisputed, can be briefly summarized. The building located at 551 West 157th Street was constructed in 1910. See Affidavit of Frank Ferranti, dated October 16, 1997 ("Ferranti Aff."), Ex. C. Plaintiff Hector Rodriguez, who has resided at 551 West 157th Street for over forty years, is afflicted with cerebral palsy and is confined to a wheelchair, rendering him unable to enter and exit the building without assistance. See Affidavit of Hector Rodriguez, dated October 16, 1997, at PP 2,6. Plaintiff Clara Tavarez is disabled and cannot enter and leave the building without assistance. See Affidavit of Clara Tavarez, dated October 16, 1997, at P 6. Plaintiff Francisco Castillo has had two strokes during the past few years and as a result is unable to enter and exit the building without assistance. See Affidavit of Francisco Castillo, dated October 16, 1997, at P 6. Finally, plaintiff Estella Toribio, who is seventy-three years old, see Affidavit of Estella Toribio, dated October 16, 1997, at P 7, and has lived in the building for over thirty years, id. P 2, suffers from diabetes, high blood pressure, and osteoporosis, which makes it difficult for her to walk and precludes her from entering or exiting the building without assistance. Id. P 7. Plaintiffs, through their attorney, have demanded that defendant install a lift or ramp that will make the entrance of the building wheelchair-accessible, so that they can enter or exit on their own. Estimates for the cost of such a modification range from $ 25,000 to $ 55,000. See Ferranti Aff. Ex. E.
At the outset, the Court must regretfully note that plaintiffs' counsel, though ably portraying the sympathetic nature of his clients' conditions, has woefully failed to supply the necessary prerequisites to a proper summary judgment motion. Among much else, plaintiffs' counsel has entirely failed to submit the statement of undisputed material facts required by Local Civil Rule 56.1, a sufficient ground in itself to deny plaintiffs' motion. See Local Civil Rule 56.1(a). However, the Court does not rest on this alone, but reaches the legal merits of the parties' competing motions so far as the federal cause of action is concerned.
Specifically, the Complaint, at PP 32 and 35, alleges that defendant's failure to provide an entrance lift or ramp constitutes discrimination in violation of Section 3604(f)(2) of the Fair Housing Act, which makes it unlawful:
To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of --
(A) that person;