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Reasonable Modification and Accommodation Notice not to be enforced at this time

On March 3, 2021, Executive Law §296(2-b)&(18-a) required landlords, managing agents and real estate licensees to provide a Reasonable Modification and Accommodation Notice to all prospective and current tenants of a “housing accommodation.”   Until the state promulgates regulations as described below, you are not required to take any action.  NYSAR will notify you when the regulations will be in effect and enforcement will commence.

We have been informed by the DOS and the DHR of the following:

Governor Cuomo recently signed a new law repealing Executive Law §296(2-b)&(18-a) and replacing it with Executive Law §170-d.  The new law requires the Division of Human Rights to promulgate regulations that would set forth requirements for compliance.  As the new law was just signed, the Division of Human Rights has yet to publish the proposed regulations.  Once published, the regulations would be subject to a 60 day comment period and would not become effective until formally adopted.  The Division of Human Rights expects the statute to be adhered to upon final adoption of the regulations, and the Department of State intends to commence enforcement of the requirement to provide notice of reasonable modifications and accommodations following the final adoption of such regulations.

NYSAR members may contact NYSAR’s Legal Hotline with any questions.  The Legal Hotline is a free benefit for NYSAR members and is available Monday-Friday from 9:00 a.m. – 4:00 p.m. at 518-436-9727.