NYS Division of Human Rights Provides Notice of Proposed Regulation on Landlords' Notification Requirements Regarding Reasonable Accommodations
The New York State Division of Human Rights (DHR) has provided notice of a proposed rule on the provision of notice by housing providers of tenants’ rights to reasonable modifications and accommodations for persons with disabilities. The proposed regulations require landlords to notify tenants of their rights to reasonable accommodation and of their protections should they exercise those rights.
Pursuant to the proposed regulations, housing providers must provide notice to all tenants and prospective tenants of their right to request reasonable modifications and accommodations for disability pursuant to the Human Rights Law. The notice must be provided in writing and shall be in “14 point or other easily legible font.” For new and current tenants, the notice must be provided:
- Within 30 days after the effective date of their tenancy;
- For current tenants, within 30 days after the effective date of Executive Law Section 170-d.
The notice must be provided individually to all new and current tenants in the following manner:
- By email, if available, directed to the individual to be notified, or
- By providing a paper notice to the individual, if email is not available, and
- 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.
“Posting” of the notice, either on paper on a bulletin board or on an electronic bulletin board or notice area, or by providing a link to such posting, is not considered sufficient notice.
For prospective tenants, notice must be included with any posting, listing, advertisement, brochure, prospectus, rental application, proposed lease, or other similar communication about an available housing accommodation. Where such communication is by electronic means other than email, the notice may be included by providing a link to a page containing the notice language. The link must be clearly identified as linking to the “Notice disclosing tenants’ rights to reasonable accommodations for persons with disabilities.” The notice must be available for printing and downloading. Where such communication is in paper form, the notice must be included within the communication or in an accompanying document. Where such communication is sent by email, the email must include the notice, either in the body of the email or in an attachment.
The content of the notice is available here, on page 7.
Comments will be accepted until June 14, 2021 and should be directed to:
Caroline J. Downey, General Counsel
Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, NY 10458
The regulation will be effective upon publication of a Notice of Adoption in the New York State Register.
Contact: Sara Neitzel, firstname.lastname@example.org, 518-867-8835