BBG News

New Mandatory Notice by Housing Providers regarding Tenants’ Rights to Reasonable Accommodations for Persons with Disabilities

Mar 9, 2021

On December 2, 2020, Chapter 311 of the laws of 2020 was enacted, requiring housing providers to provide existing and new tenants with notice of their right to request a Reasonable Accommodation/Modification if they have a disability (the “Notice”). The full legal requirements can be found at Human Rights Law § 296.2-b and § 296.18-a. These provisions became effective on March 2, 2021.

The Notice must be provided to all tenants and prospective tenants in writing within:

  • 30 days of the beginning of their tenancy; or
  • 30 days from the effective date of the new law for current tenants.

Therefore, as of April 1, 2021, current tenants must be provided with the Notice.

The New York State Division on Human Rights (the “Division”) has promulgated a sample Notice. It should be noted that the Division’s Notice states that for modifications inside the housing unit, the tenant will be responsible for payment and may be required to restore the unit to its original condition prior to vacating. Although this language complies with NYS Human Rights Law, NYC Human Rights Law requires the housing provider to pay for the reasonable modification if feasible. Therefore, housing providers should delete this language for buildings in NYC. The Division’s sample Notice can be found at:

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