New York Accessible Housing Rules for Renters in New Buildings

Renting a new apartment or unit in New York and need accommodations for a disability? Understanding New York’s laws about accessible units in new construction can help ensure your rights are protected. This guide breaks down what “accessible” really means, your rights as a renter, and where to get official support—all in clear, everyday language.

Understanding Accessibility Requirements in New York Rentals

Under New York law, new residential apartment buildings must provide accessible features so people with disabilities can live independently and safely. These requirements are shaped by federal and state laws, most notably the Fair Housing Act (FHA) and New York State Human Rights Law. Local building codes may require even higher standards, especially in cities like New York City.

What Makes a Unit "Accessible"?

An "accessible" rental unit is designed so people with various disabilities can use it without barriers. Required features often include:

• Doors wide enough for wheelchairs (at least 32 inches clear)
• Accessible routes into and through the apartment/common areas
• Light switches and thermostat controls at usable heights
• Reinforced walls for optional grab bars in bathrooms
• Clear floor space in kitchens and bathrooms for maneuverability

These standards primarily apply to buildings with four or more housing units built for first occupancy after March 13, 1991.^[1]

Which New Buildings Must Comply?

In New York State, any newly constructed rental building with four or more units must conform to accessibility requirements under the Fair Housing Act. Some local codes—like the NYC Building Code—may set stricter standards.

• At least one accessible entrance (without stairs)
• All common and public areas usable by residents with disabilities
• Adaptable bathroom and kitchen layouts

Buildings with elevators have to ensure all units are adaptable. If the building has no elevator, all ground-floor units must be accessible or adaptable.

Requesting Disability-Related Accommodations

If you need your unit or building adjusted for your disability, you can request what’s known as a “reasonable accommodation” from your landlord. Landlords are legally required to permit reasonable modifications unless it would cause them significant difficulty or expense.

• Examples include getting a ramp installed or grab bars added in bathrooms.
• New York State Human Rights Law further protects renters requesting accommodations.

Relevant Official Forms

• NY State Division of Human Rights Housing Discrimination Complaint Form (Form: DHR Housing Complaint):
  • Use this if your landlord refuses a reasonable accommodation or denies accessible housing.
  • Download the Housing Complaint Form
  • Example: If your apartment lacks wheelchair-accessible entry and the landlord won't address it, fill out this form to start a discrimination complaint with the Division of Human Rights.
• U.S. Department of Housing and Urban Development (HUD) Discrimination Complaint:
  • Use this if local or state resolutions fail, or to file under federal fair housing law.
  • Submit a HUD Housing Discrimination Complaint
  • Example: If a new building advertises accessible units that don’t meet legal requirements, or you experience retaliation after requesting one, use this HUD process.

Your Rights: Applicable Laws and Where to Get Help

• The Fair Housing Act (FHA) enforces national accessibility standards.
• The New York State Human Rights Law adds additional protections and statewide coverage.
• The administrative body for residential tenancy disputes is the New York State Homes and Community Renewal (NYSHCR) Office of Rent Administration.

If you encounter an accessibility problem, you may contact the NYS Division of Human Rights or NYC 311 for city tenants. For rent-regulated matters, tenants may also address complaints with the Office of Rent Administration.

Frequently Asked Questions

1. What is considered a disability under New York law for rental housing?
   Any physical or mental impairment that substantially limits one or more major life activities. Both visible and invisible disabilities are protected by law.
2. Do all new buildings have to be fully wheelchair accessible in New York?
   No, but all covered multi-family buildings (four or more units, built after March 13, 1991) must have accessible entrances, public/common spaces, and all ground-floor units must be accessible or adaptable.
3. How can I request a reasonable accommodation from my landlord?
   Submit a written request describing your accommodation needs. The landlord must respond in a timely manner and cannot charge more rent for an accessible unit.
4. What should I do if my landlord refuses my request for accessibility modifications?
   If informal negotiation fails, you can file a discrimination complaint with the NY State Division of Human Rights or HUD using their official forms.
5. Where do I file a complaint if I believe my rights are violated?
   For state law, contact the NY State Division of Human Rights. For federal law, contact HUD. For rent-regulated buildings, the Office of Rent Administration may help with some complaints.

Key Takeaways for Renters

• New York law requires accessibility features in new multi-family buildings to support renters with disabilities.
• You have the right to request reasonable accommodations or modifications for your needs.
• Official forms and state/federal agencies can help if your rights are not respected.

Understanding your accessibility rights helps you get fair and lawful treatment in New York’s rental housing market.

Need Help? Resources for Renters

• NY State Division of Human Rights – File discrimination complaints and access guidance
• NYSHCR Office of Rent Administration – For rent-regulated building issues
• HUD Fair Housing Complaints – Federal resource for accessibility issues
• NYC 311 Accessible Housing Resource – Information and reporting for New York City tenants

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1. See: Fair Housing Act Accessibility Requirements and New York State Human Rights Law
2. See: NYSHCR Office of Rent Administration
3. NYC Building Code: Construction Codes

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