Current through Register Vol. 46, No. 12, March 20, 2024
(a) Statutory Authority. Pursuant to N.Y.
Executive Law section 295.5, it is a power and a duty of the Division to adopt,
promulgate, amend and rescind suitable rules and regulations to carry out the
provisions of the N.Y. Executive Law, article 15 (Human Rights Law) and
pursuant to New York Executive Law section 170-d, the New York State Division
of Human Rights "shall promulgate regulations requiring every housing
provider¦ to provide notice to all tenants and prospective tenants of
their rights to request reasonable modifications and accommodations" as such
rights are provided for in Human Rights Law sections 296.2 -a(d) and section
296.18.
(b) Effective date.
Executive Law section 170-d was effective March 2, 2021, pursuant to the Laws
of 2021, chapter 82, section 4, by reference to the Laws of 2020, chapter
311.
(c) Definitions.
(1) "Housing provider" shall mean:
(i) "the owner, lessee, sub-lessee, assignee,
or managing agent of, or other person having the right to sell, rent or lease a
housing accommodation, constructed or to be constructed, or any agent or
employee thereof" as set forth in New York Executive Law, article 15
(hereinafter "Human Rights Law") section 296.5; or
(ii) "the owner, lessee, sub-lessee,
assignee, or managing agent of publicly-assisted housing accommodations or
other person having the right of ownership or possession of or the right to
rent or lease such accommodations" as set forth in Human Rights Law section
296.2 -a.
(2) "Housing
accommodation" includes "any building, structure, or portion thereof which is
used or occupied or is intended, arranged or designed to be used or occupied,
as the home, residence or sleeping place of one or more human beings" as set
forth in Human Rights Law section 292.10.
(3) "Publicly-assisted housing
accommodations" shall include:
(i) "public
housing" as set forth in Human Rights Law section 292.10(a);
(ii) "housing operated by housing companies
under the supervision of the commissioner of housing" as set forth in Human
Rights Law section 292.10(b); or
(iii) other publicly-assisted housing as
described in Human Rights Law section 292.10(c), (d) and (e).
(4) "Property Manager" as
referenced in the sample notice is an individual housing provider, or such
person as the housing provider designates for the purpose of receiving requests
for reasonable accommodation.
(5)
"Reasonable modifications or accommodations" shall refer to those actions
required by Human Rights Law section 296.2 -a(d) and Human Rights Law section
296.18, which makes it an unlawful discriminatory practice for a housing
provider or publicly-assisted housing provider:
(i) To refuse to permit, at the expense of
the person with a disability, reasonable modifications of existing premises
occupied or to be occupied by the said person, if the modifications may be
necessary to afford the said person full enjoyment of the premises, in
conformity with the provisions of the New York state uniform fire prevention
and building code, except that, in the case of a rental, the landlord may,
where it is reasonable to do so, condition permission for a modification on the
renter's agreeing to restore the interior of the premises to the condition that
existed before the modification, reasonable wear and tear excepted.
(ii) To refuse to make reasonable
accommodations in rules, policies, practices, or services, when such
accommodations may be necessary to afford a person with a disability equal
opportunity to use and enjoy a dwelling, including the use of an animal as a
reasonable accommodation to alleviate symptoms or effects of a disability, and
including reasonable modification to common use portions of the dwelling,
or
(iii) In connection with the
design and construction of covered multi-family dwellings for first occupancy
after March thirteenth, nineteen hundred ninety-one, a failure to design and
construct dwellings in accordance with the accessibility requirements of the
New York state uniform fire prevention and building code, to provide that:
(a) The public use and common use portions of
the dwellings are readily accessible to and usable by disabled persons with
disabilities;
(b) All the doors are
designed in accordance with the New York state uniform fire prevention and
building code to allow passage into and within all premises and are
sufficiently wide to allow passage by persons in wheelchairs; and
(c) All premises within covered multi-family
dwelling units contain an accessible route into and through the dwelling; light
switches, electrical outlets, thermostats, and other environmental controls are
in accessible locations; there are reinforcements in the bathroom walls to
allow later installation of grab bars; and there are usable kitchens and
bathrooms such that an individual in a wheelchair can maneuver about the space,
in conformity with the New York state uniform fire prevention and building
code.
(6)
"First substantive contact" is a term used by real estate brokers, licensed
real estate salespersons, and licensed associate brokers in New York State. For
purposes of this regulation, the term shall have the same meaning as applied
under N.Y. Real Prop. Law § 443 and 19 N.Y.C.R.R. § 175.28.
(d) Actions required by Executive
Law section 170-d.
(1) Housing providers that
are the owner, lessee, sub-lessee, assignee, or managing agent of a housing
accommodation or publicly-assisted housing accommodation, must provide notice,
as provided for in this regulation, to all new and current tenants in the
following manner:
(i) Within 30 days of the
effective date of their tenancy;
(ii) for current tenants, within thirty days
after the effective date of Executive Law section 170-d.
(iii) In writing, and in 12-point font or
larger, or other easily legible font.
(iv) Include telephone number(s) and e-mail
of the property manager or other person responsible for accepting reasonable
accommodation requests.
(v) By
email, text, electronic messaging system, facsimile, or hardcopy. An electronic
communication containing a link to the notice required pursuant to this
regulation shall be permissible, provided the communication also contains text
to inform the prospective tenant that the link contains information regarding
tenants' rights to reasonable accommodations for persons with disabilities. The
notice must be available for printing and downloading.
(vi) Where such communication is in paper
form, the notice must be included within such communication, or by providing
the notice in an accompanying document.
(vii) May be accomplished by including the
notice in or with other written communications, such as a lease or other
written materials routinely provided to tenants.
(viii) Oral disclosure does not satisfy the
requirements imposed by this section.
(ix) "Posting" of the notice pursuant to
paragraph (d)(3) of this subdivision, either on paper, on a bulletin board, or
on an electronic bulletin board or notice area, does not satisfy the
requirements imposed by this section.
(2) A real estate broker shall be responsible
to ensure that each individual licensed pursuant to Article 12-A of the New
York Real Property Law and associated with such broker provides notice with
regard to available housing accommodations, as provided for in this regulation,
to all prospective tenants in the following manner:
(i) Upon first substantive contact.
(ii) In writing, and in 12-point font or
larger, or other easily legible font.
(iii) By email, text, electronic messaging
system, facsimile, or hardcopy. An electronic communication containing a link
to the notice required pursuant to this regulation shall be permissible,
provided the communication also contains text to inform the prospective tenant
that the link contains information regarding tenants' rights to reasonable
accommodations for persons with disabilities. The notice must be available for
printing and downloading.
(iv)
Where such communication is in paper form, the notice must be included within
such communication, or by providing the notice in an accompanying
document.
(v) Oral disclosure does
not satisfy the requirements imposed by this section.
(vi) "Posting" of the notice pursuant to
paragraph (d)(3) of this subdivision, either on paper, on a bulletin board, or
on an electronic bulletin board or notice area, does not satisfy the
requirements imposed by this section.
(3) In addition to the delivery of notice in
paragraphs (d)(1) and (d)(2) of this subdivision, all housing providers shall
post the notice in the following manner:
(i)
As required by 9 NYCRR 466.3; and
(ii) all websites created and maintained by
housing providers shall prominently and conspicuously display on the homepage
of such website a link to the Division's notice as required this regulation
which shall be made available by the Division.
(4) The notice is to advise individuals of
their right to request reasonable modifications and accommodations for
disability pursuant to Human Rights Law section 296.2 -a(d) (publicly-assisted
housing) or Human Rights Law section 296.18 (private housing).
(e) Content of the required
notice. The following shall be deemed sufficient notice when provided to the
individual to be notified.
NOTICE DISCLOSING TENANTS' RIGHTS TO REASONABLE
ACCOMMODATIONS FOR PERSONS WITH DISABILITIES
Reasonable Accommodations
The New York State Human Rights Law requires housing
providers to make reasonable accommodations or modifications to a building or
living space to meet the needs of people with disabilities. For example, if you
have a physical, mental, or medical impairment, you can ask your housing
provider to make the common areas of your building accessible, or to change
certain policies to meet your needs.
To request a reasonable accommodation, you should contact
your property manager by calling ______________ or ______________, or by
e-mailing ______________ *. You will need to inform
your housing provider that you have a disability or health problem that
interferes with your use of housing, and that your request for accommodation
may be necessary to provide you equal access and opportunity to use and enjoy
your housing or the amenities and services normally offered by your housing
provider. A housing provider may request medical information, when necessary to
support that there is a covered disability and that the need for the
accommodation is disability related.
If you believe that you have been denied a reasonable
accommodation for your disability, or that you were denied housing or
retaliated against because you requested a reasonable accommodation, you can
file a complaint with the New York State Division of Human Rights as described
at the end of this notice.
Specifically, if you have a physical, mental, or medical
impairment, you can request:+
Permission to change the interior of your housing unit to
make it accessible (however, you are required to pay for these modifications,
and in the case of a rental your housing provider may require that you restore
the unit to its original condition when you move out);
Changes to your housing provider's rules, policies,
practices, or services;
Changes to common areas of the building so you have an equal
opportunity to use the building. The New York State Human Rights Law requires
housing providers to pay for reasonable modifications to common use
areas.
Examples of reasonable modifications and accommodations that
may be requested under the New York State Human Rights Law include:
If you have a mobility impairment, your housing provider may
be required to provide you with a ramp or other reasonable means to permit you
to enter and exit the building.
If your healthcare provider provides documentation that
having an animal will assist with your disability, you should be permitted to
have the animal in your home despite a "no pet" rule.
If you need grab bars in your bathroom, you can request
permission to install them at your own expense. If your housing was built for
first occupancy after March 13, 1991 and the walls need to be reinforced for
grab bars, your housing provider must pay for that to be done.
If you have an impairment that requires a parking space close
to your unit, you can request your housing provider to provide you with that
parking space, or place you at the top of a waiting list if no adjacent spot is
available.
If you have a visual impairment and require printed notices
in an alternative format such as large print font, or need notices to be made
available to you electronically, you can request that accommodation from your
landlord.
Required Accessibility Standards
All buildings constructed for use after March 13, 1991, are
required to meet the following standards:
Public and common areas must be readily accessible to and
usable by persons with disabilities;
All doors must be sufficiently wide to allow passage by
persons in wheelchairs; and
All multi-family buildings must contain accessible
passageways, fixtures, outlets, thermostats, bathrooms, and kitchens.
If you believe that your building does not meet the required
accessibility standards, you can file a complaint with the New York State
Division of Human Rights.
How to File a Complaint
A complaint must be filed with the Division within one year
of the alleged discriminatory act or in court within three years of the alleged
discriminatory act. You can find more information on your rights, and on the
procedures for filing a complaint, by going to www.dhr.ny.gov , or by calling 1-888-392-3644. You
can obtain a complaint form on the website, or one can be e-mailed or mailed to
you. You can also call or e-mail a Division regional office. The regional
offices are listed on the website.
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* The Notice must include contact
information when being provided under 466.15(d)(1), above. However, when being
provided under (d)(2) and when this information is not known, the sentence may
read "To request a reasonable accommodation, you should contact your property
manager."
+ This Notice provides information
about your rights under the New York State Human Rights Law, which applies to
persons residing anywhere in New York State. Local laws may provide protections
in addition to those described in this Notice, but local laws cannot decrease
your protections.
