Reasonable Modification and Accommodation Law Now in Effect
On December 2, 2020, Gov. Andrew Cuomo signed into law a new “Reasonable Modification and Accommodation” tenant disclosure and notice requirement for “housing accommodations”. The new law adds two new paragraphs 2-b and 18-a to section 296 of the Executive Law (also known as the Human Rights Law). The requirement only applies to the rental of a “housing accommodation” and does not apply to other types of rentals or any purchase of real estate. It should be noted that paragraph 2-b and 18-a have identical requirements but 2-b is applicable to “publicly-assisted housing accommodations” and 18-a applies to all other “housing accommodations”.
NYS Executive Law section 296(18-a) states that: “Every owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right of ownership of or possession of or the right to rent or lease housing accommodations shall disclose to all tenants and prospective tenants of their right to request reasonable modifications and accommodations if they have a disability pursuant to subdivision eighteen of this section. Such disclosure shall be made in writing in such form and manner as the division may by regulation prescribe and provided to all current tenants within thirty days of the beginning of their tenancy, or thirty days from the effective date of this subdivision for current tenants. Such disclosure shall also be conspicuously posted in such form and manner as the division may by regulation prescribe on every vacant housing accommodation that is available for rent.”
The NYS Division of Human Rights published final regulations on May 18, 2022 adding 9 NYCRR 466.15 that provides guidance for compliance with the law for licensees and landlords. The regulations include definitions, examples of reasonable modifications and accommodations as well as a sample copy of the notice.
A “housing accommodation” is defined as “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.
The regulation sets forth in §466.15(c)(5) what may constitute “reasonable modifications or accommodations” as those actions required under NYS Human Rights Law §296.2-a(d) and §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 pro visions 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.
The law and regulation also require real estate licensees and landlords to provide a notice that sets forth the rights a disabled individual has to request reasonable modifications or accommodations to or in the “housing accommodation”. The notice must be provided at “first substantive contact” with a prospective tenant (Note: The same as the Agency Disclosure Form and the Housing and Anti-Discrimination Disclosure Form.) The notice must include contact information when being provided by the owner, lessee, sub-lessee, assignee, or managing agent. However, when being provided by the broker, associated licensees or teams, and when this information is not known, the sentence may read “To request a reasonable accommodation, you should contact your property manager.
NYSAR has developed two notices where the managing agent information is known and where the managing agent information is unknown. To access the sample notices, click here.
Requirements of broker, associated licensees and teams
The requirements for delivery of the notice are found in 9 NYCRR §466.15(d)(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.
In addition to the aforementioned disclosure of the notice to potential tenants, brokers are also responsible for posting of the notice pursuant to §466.15(d)(3):
(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.
*9 NYCRR 466.3(a) & (c) set forth the following posting requirements for brokers:
(a) Notices at housing accommodations.
(1) Every person being the owner, lessee, sub-lessee, assignee, or managing agent of housing accommodations subject to the Human Rights Law, shall post and maintain at such accommodations, notices furnished by the Division of Human Rights, indicating the substantive provisions of the Human Rights Law relative to housing accommodations, the place where complaints may be filed and such other information as the Division of Human Rights deems pertinent.
(2) Such notices must be posted conspicuously 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.
(c) Notices at real estate offices.
(1) Every person being a real estate broker or real estate salesman who has an office or office space in which he conducts his real estate transactions shall display and maintain at such office or in such office space notices furnished by the Division of Human Rights, indicating the substantive provisions of the Human Rights Law relative to housing accommodations and commercial space, the place where complaints may be filed and such other information as the Division of Human Rights deems pertinent.
(2) Such notices must be posted conspicuously at the real estate offices in easily accessible and well-lighted places, where the notices may be readily observed by those seeking housing accommodations or commercial space.
It is NYSAR’s opinion that the tenant’s agent must also provide the notice to a prospective tenant so they are aware what rights they have for a reasonable modification or accommodation.
Requirements of owner, lessee, sub-lessee, assignee, or managing agent
9 NYCRR 466.15(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.
The owner, lessee, sub-lessee, assignee, or managing agent are also required to post the notice pursuant to 9 NYCRR 466.3. Owners, lessees, sub-lessees, assignees, or managing agents should consult with their own legal counsel to ensure compliance. Licensees should not advise the owner, lessee, sub-lessee, assignee, or managing agent about how to comply.
NYSAR members with questions about a licensees responsibility under the law and regulations may contact NYSAR Legal Hotline. The Legal Hotline is available Monday-Friday, 9:00am-4:00pm at 518-436-9727.