PROVISION OF NOTICE BY HOUSING PROVIDERS OF TENANTS’ RIGHTS TO REASONABLE

MODIFICATIONS AND ACCOMMODATIONS FOR PERSONS WITH DISABILITIES.

466.15 Provision of notice by housing providers of tenants’ rights to reasonable modifications and

accommodations for persons with disabilities.

(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

(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

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

(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.

(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:

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

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.

______________ or ______________, or by e-mailing ______________

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

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

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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.”

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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 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.