Notice of Tenants’ Rights to Reasonable Modifications and Reasonable Accommodations for Persons with Disabilities
Pursuant to NYS Human Rights Law §296.2-a(d) and §296.18, tenants with disabilities are entitled to reasonable modifications and accommodations in housing facilities as necessary to “afford a person with a disability equal opportunity to use and enjoy a dwelling.” Pursuant to a law, that became effective in May 2022, real estate brokers and landlords must ensure all tenants receive a written notice (the “Notice”) setting forth the prospective tenant’s right to request such modifications and accommodations.
There are two types of the Notice. One type is provided to a tenant (for purposes of this article we are referring to prospective tenants and the ultimate tenant as “tenants”) by real estate brokers (the “Broker’s Notice”) and one type is provided to tenants by the landlord (the “Landlord’s Notice”). The two types of the Notice are the same except that the Landlord’s Notice contains a space for the landlord to indicate who a tenant can contact in the event the tenant would like to request a reasonable accommodation or reasonable modification.
The Broker’s Notice must be given to the tenant by the broker at “the first substantive contact” between the broker and the tenant. The Landlord’s Notice must be provided by the landlord to the tenant within 30 days of the lease date.
Both the Broker’s Notice and the Landlord’s Notice can be sent electronically or provided in hard copy. The delivery of the Notice cannot be done verbally (in other words the Notice must be delivered to the tenant). There is no place for the tenant to sign the Broker’s Notice or the Landlord’s Notice.
In addition to delivering the Notice, housing providers and real estate brokers must prominently and conspicuously post a link to the Notice on the homepage of their websites, and post a copy of the notice “In easily accessible and well-lighted places at the housing accommodations, where they may be readily observed by those seeking such housing accommodations and/or facilities or services in connection therewith.”
The Broker’s Notice can be found
here.
The Landlord’s Notice can be found
here.
