Who Pays for Accessibility Modifications in NY Rentals?

If you or a loved one has a disability, understanding your rights to accessibility modifications in a New York rental can help you create a more comfortable and independent living environment. Under federal and state laws, both landlords and tenants have specific responsibilities when it comes to reasonable accommodations. This guide will walk you through who pays for modifications, the legal requirements, and the forms you may need.

Accessibility Rights for Renters with Disabilities in New York

New York renters are protected by the federal Fair Housing Act, the New York State Human Rights Law, and, in some cities, local laws like the NYC Human Rights Law. These laws make it illegal for landlords to refuse reasonable accommodations for tenants with disabilities.

What Is a Reasonable Accommodation?

A reasonable accommodation is a change or exception to policies, rules, or services, so a person with a disability can use and enjoy their home. This may include physical modifications, such as:

• Installing grab bars in bathrooms
• Lowering cabinets or door handles
• Widening doorways for wheelchair access
• Adding visual fire alarms

Who Pays for Accessibility Modifications?

In New York, whether the landlord or the tenant pays for accessibility modifications generally depends on the type of accommodation and the building's characteristics:

• Most private housing (including rental apartments): Landlords must allow reasonable modifications at the renter’s expense unless the rental receives federal financial assistance, in which case the landlord may be responsible.
• Publicly funded housing: Landlords usually pay for modifications.
• Reasonable accommodations that are not physical modifications (like service animals or reserved parking): Landlords must provide these at no cost to the tenant.

Landlords are allowed to require the work be done professionally and safely, and may require tenants to restore the property to its original condition upon moving out, except for modifications that do not affect the use by future tenants.

Requesting Modifications: Steps and Forms

To begin, you should make a written request to your landlord describing the accommodation you need and why you need it. You are not required to disclose your specific disability, only that you have a qualifying need. In some cases, your landlord may ask for documentation from a healthcare provider.

• Form: "Request for Reasonable Accommodation" (No official standard form, but documentation is recommended)
  Use a letter or written form to formally request your accommodation. Example: If you need a ramp, submit a written request outlining your need and the intended modification. Templates and guidance can be found at the NYS Division of Human Rights Housing Disability Guidance.

• Form: "Complaint Form – New York State Division of Human Rights" (Form number varies)
  If your landlord denies your request, you can file a complaint online or by mail using the New York State Division of Human Rights form, available at the official DHR complaint portal. Example: If your request for an accessible entrance is denied, file a complaint through DHR detailing the incident.

The Role of the Tribunal and Relevant Legislation

In New York State, the Division of Human Rights (DHR) handles residential accessibility and discrimination complaints. The main legislation protecting renters regarding accessibility is the New York State Real Property Law Section 235-b, as well as the New York State Human Rights Law (Article 15 of the Executive Law).

Landlord Protections and Restoration Requirements

While you have the right to make reasonable modifications, landlords may require you to return the unit to its original condition at the end of your tenancy, particularly for changes that are not needed by the next renter. Security deposits cannot be raised solely due to a disability status, but reasonable restoration costs may apply if agreed in advance. Always get agreements and requirements in writing.

Summary: Key Legal Protections and Steps

• Tenants can request, at their own cost (unless publicly funded housing), reasonable modifications to make their home accessible.
• If a modification request is denied, tenants can file a complaint with the Division of Human Rights.
• Documentation, written requests, and clear communication are crucial to protecting your rights.

Frequently Asked Questions

1. Can my landlord refuse my request for accessibility modifications?
   No, landlords must permit reasonable modifications, but they can require you to restore changes or have the work done professionally. If denied, you can file a complaint with the Division of Human Rights.
2. Do I have to pay for accessibility modifications in my rental?
   In most private New York rentals, tenants pay for their own accessibility modifications. Landlords may cover the cost in publicly funded or subsidized housing.
3. Is there an official form to request accommodations?
   There is no required state form; you can use a written request or letter. For disputes, use the DHR Complaint Form.
4. What if my landlord charges me extra because of my disability?
   This is not allowed under New York State law. Extra charges or increased security deposits due to disability are considered discrimination.
5. What if my landlord does not respond to my request?
   If you don't receive a timely response, contact the Division of Human Rights and consider filing a complaint.

Key Takeaways for New York Renters

• New York renters can request accessibility modifications, usually at their own cost, but landlords must allow them in most types of housing.
• You have the right to submit a written request and may be asked to restore the property after moving out.
• If your rights are denied, the Division of Human Rights can help resolve disputes.

Need Help? Resources for Renters

• New York State Division of Human Rights (DHR): Handles complaints and provides guidance on housing discrimination.
• NYHousingSearch.gov: Resource for finding accessible housing options in New York.
• NYC Mayor's Office for People with Disabilities: Support and advocacy for city renters.
• HUD Fair Housing Complaint Process: Federal option for fair housing complaints.

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1. Fair Housing Act (U.S. Dept. of Justice)
2. New York State Human Rights Law (Article 15, Executive Law)
3. New York State Real Property Law Section 235-b
4. Division of Human Rights Complaint Process
5. NYS DHR Guidance on Housing Disability Discrimination

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