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Tenant’s Right to Reasonable Accommodations for Persons with Disabilities

Overview

 

Tenants and housing applicants with disabilities are protected under federal, New York State, and New York City laws that require housing providers to offer reasonable accommodations and reasonable modifications when necessary to ensure equal access to housing.

 

Discrimination based on disability is prohibited, and eligible individuals have the right to request accommodations without fear of retaliation.

What Is a Disability?

 

A disability is defined as a physical, mental, or medical impairment that substantially limits one or more major life activities. This includes, but is not limited to:

 

  • Mobility impairments

  • Vision or hearing impairments

  • Chronic medical conditions

  • Mental health conditions

  • Developmental or intellectual disabilities

 

 

 

Reasonable Accommodations

 

A reasonable accommodation is a change to a rule, policy, practice, or service that allows a person with a disability equal opportunity to use and enjoy a dwelling.

 

Examples include:

 

  • Allowing a service or emotional support animal despite a “no-pets” policy

  • Providing alternative communication methods

  • Adjusting rent payment methods or deadlines when disability-related

  • Assigning accessible parking spaces

  • Allowing a live-in aide when medically necessary

 

 

 

Reasonable Modifications

 

A reasonable modification is a physical change to a dwelling or common area to accommodate a disability.

 

Examples include:

 

  • Installing grab bars

  • Adding ramps or handrails

  • Lowering cabinets or switches

  • Widening doorways

 

In most cases, tenants may be responsible for the cost of modifications inside their unit, while housing providers may be responsible for modifications in common areas, subject to applicable laws.

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Verification of Disability

 

Housing providers may request limited verification when a disability or the need for accommodation is not obvious. However:

 

  • Medical diagnoses cannot be required

  • Requests must be handled confidentially

  • Only information necessary to establish need may be requested

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Prohibited Conduct

 

It is unlawful to:

 

  • Refuse to consider or grant a reasonable accommodation

  • Delay or ignore accommodation requests

  • Charge additional fees related to accommodations

  • Harass or retaliate against tenants for requesting accommodations

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Applicable Laws

 

This policy is governed by:

 

  • Federal Fair Housing Act (FHA)

  • New York State Human Rights Law

  • New York City Human Rights Law (where applicable)

 

These laws provide broad protections and, in many cases, offer greater protections than federal law alone.

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How to Request an Accommodation

 

Tenants or applicants may submit accommodation requests verbally or in writing. Requests should include:

 

  • The accommodation or modification being requested

  • Confirmation that the request is disability-related

 

No specific form or legal language is required.

 

 

 

Disclaimer

 

This page is provided for general informational purposes only and does not constitute legal advice. Tenants and housing providers are encouraged to consult with a qualified attorney or appropriate government agency regarding their specific rights and obligations.

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Need Assistance?

 

If you have questions regarding reasonable accommodations or believe your rights may have been violated, you may contact:

 

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