Understanding Accessibility Standards: ADA vs. FHA in New York

If you are a renter in New York and need accessible housing, understanding which laws protect your rights can make all the difference. Two main laws set accessibility standards: the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Knowing how these laws apply in New York helps renters advocate for accommodations and fair treatment.

How ADA and FHA Protect New York Renters

Both the ADA and FHA provide important protections, but they apply in different situations and have distinct requirements.

The Fair Housing Act (FHA): What Renters Need to Know

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing because of disability, race, color, religion, sex, or family status. For renters with disabilities, the FHA:

• Requires landlords to allow reasonable modifications, like installing grab bars or ramps, at the renter’s expense.
• Requires landlords to make reasonable accommodations to rules or policies (for example, allowing a service animal in a no-pet building).
• Applies to most types of housing, including apartments, condos, and houses.

Reasonable modifications can include changes such as lowering countertops or widening doors. New York State law closely follows and sometimes expands on these protections. See more at the NY Division of Human Rights Fair Housing page.

The Americans with Disabilities Act (ADA): Where It Applies

The Americans with Disabilities Act (ADA) covers public spaces and government-owned housing, such as social housing or university dormitories. The ADA:

• Requires certain multi-unit residential buildings (built after 1991) and all public accommodations to meet specific accessibility standards.
• Applies to common areas, leasing offices, and community rooms accessible to the public.
• Does not apply to privately-owned residential apartments unless they are subsidized by government funding or used as public accommodations.

To read about ADA requirements for housing, visit the U.S. Department of Labor ADA Guide.

What’s the Difference? ADA vs. FHA in Action

To summarize, the FHA usually covers your individual apartment, while the ADA governs public areas and buildings run by state or local governments. Many New York renters will be protected by the FHA, not the ADA, in their homes—but ADA standards may apply to the lobby and shared spaces.

Requesting an Accessibility Accommodation: Step-by-Step

If you need an accommodation or structural change, you have the right to request it. Here’s how to take action:

• Write to your landlord: Explain your disability and the accommodation you need (such as a ramp or different mailbox height).
• Include supporting documents: Attach proof of disability (a doctor’s note usually suffices, but avoid sharing more medical information than needed).
• Use official complaint forms: If your request is denied, file a complaint with the New York State Division of Human Rights or HUD.

Official Forms for Renters

• NYS Division of Human Rights: Housing Discrimination Complaint Form (Form DHR-155)
  Official form and instructions
  When to use: File this form if you believe your landlord has discriminated against you due to your disability (e.g., refusing a reasonable accommodation or modification). Complete it, attach any evidence, and submit it either online or by mail.
• HUD Housing Discrimination Complaint Form
  Submit via HUD’s complaint portal
  When to use: Use this federal form if your accommodation request is denied or you feel discriminated against by your landlord. File the form online and HUD will review your case.

If you experience discrimination, these forms can help initiate an official review process to resolve your complaint.

Which Tribunal Handles Accommodation Disputes?

In New York State, housing discrimination or accessibility disputes are handled by the New York State Division of Human Rights (NYSDHR). Many issues can also be heard by New York City Housing Court if you reside in NYC.

New York’s Tenancy Legislation

For renters’ rights in New York, the main tenancy law is the New York State Real Property Law. Fair housing and disability protections are also found in the New York State Human Rights Law and relevant federal statutes.

FAQ: ADA, FHA, and Accessible Housing in New York

1. What is considered a reasonable accommodation under the FHA?
   A reasonable accommodation is a change or exception to a rule, policy, or service that allows a person with a disability equal use and enjoyment of their home. Examples include permitting service animals, installing grab bars, or offering a reserved parking space.
2. Who pays for modifications under the FHA?
   Generally, renters are responsible for the cost of physical modifications, but landlords must approve reasonable requests. However, some funding assistance might be available for certain accommodations—check with local housing agencies.
3. How do I file a complaint if my landlord refuses my modification request?
   You can file a complaint with the NY Division of Human Rights (using Form DHR-155) or with HUD through their online complaint form.
4. Does the ADA require my private landlord to make apartment modifications?
   No, the ADA usually does not apply to privately-owned housing. Instead, the FHA protects renters’ rights to request modifications or accommodations.
5. Are NYC rent-stabilized apartments covered by these laws?
   Yes, rent-stabilized apartments are subject to fair housing and accessibility protections under both state and federal law.

Key Takeaways

• ADA and FHA both protect accessibility, but FHA is usually the key law for New York renters.
• Request accommodations in writing and use official complaint forms if needed.
• Official bodies like NYSDHR and HUD are available to protect your rights.

Need Help? Resources for Renters

• NY State Division of Human Rights – File a Complaint
• HUD Fair Housing Complaint Portal
• NYC Housing Court Information
• NY Attorney General – Housing Issues
• Contact New York State Division of Human Rights

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1. Fair Housing Act, 42 U.S.C. 3601 et seq.
2. Americans with Disabilities Act (ADA)
3. NY Division of Human Rights: Fair Housing
4. New York State Real Property Law
5. New York State Human Rights Law – Section 296

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