Fair Housing Regulation: More Changes

Tenants’ Rights to Reasonable Accommodations for Persons with Disabilities. New Mandatory Notice Requirement for Housing Providers.

By Eric Kahan 

Chapter 311 of the laws of 2020 was enacted on December 2, 2021.  The new law requires that all housing providers provide both new and existing tenants with a written notice of the right to request a Reasonable Accommodation or Modification if the Tenant has a disability. This new law and notice requirement took effect March 2, 2021.

The NY State Division of Human Rights has published a form notice which you can find at: https://dhr.ny.gov/sites/default/files/pdf/postings/Sample-Notice-for-Requesting-Reasonable-Accommodations-in-Housing-Final.pdf

The law requires that notice be provided to all tenants within the following time periods:
Within 30 days of the beginning of their tenancy; or
30 days from the effective date of the new law for current tenants.
(all existing tenants must be notified by April 1, 2021).

It is interesting to see that the sample notice issued by the NY State Division states that payment for modifications inside the housing unit may be the responsibility of the Tenant and may require the Tenant, upon vacating, to restore the unit.. This language conflicts with the New York City Human Rights Law which requires the housing provider, where feasible,  to pay for the necessary modification to accommodate the Tenant. Because of this discrepancy between State and City requirements, we would recommend that owners or landlords in NY City modify the sample notice to remove any language regarding Tenant payment for requested accommodations.  Moving forward,, the rules will develop and probably change as complaints of alleged violations are brought before the division or challenges to the law are made. 

As always, we will keep you apprised as developments in the application of this law unfold.