By: Anna Avruchevsky, Esq.

New York State legislation recently enacted a law in relation to residents and tenants with a disability or handicap and their respective rights as persons requiring reasonable accommodations in housing.  The law requires that housing providers distribute a Reasonable Accommodation Notice ( “Notice”) to existing and new tenants. The Notice must be provided to shareholders of cooperative corporations, tenants of publicly-assisted housing and lessees and sublessees of any residential housing, which includes, rented condominium units and apartments owned by holders of unsold shares. Notice must be provided to current tenants on or before April 1, 2021 and to prospective tenants within 30 days of their tenancy.

The New York State Division on Human Rights (the “DHR”) has promulgated a sample Notice. The DHR sample Notice can be found at:

https://dhr.ny.gov/sites/default/files/pdf/postings/Sample-Notice-for-Requesting-Reasonable-Accommodations-in-Housing-Final.pdf

If the apartment or unit is located in New York City, then landlords should note that the notice requirements of the State law must coincide with the New York City Human Rights Law to ensure full compliance with both and so the sample should be revised as landlords are required to bear the cost of reasonable accommodations in New York City, if such costs are not unduly burdensome for landlords.

Should you have any questions or comments concerning the Reasonable Accommodation Notice requirement, the interpretation of the new law, or require such a notice and/or letter be drafted for your building and tenants, please feel free to contact us at Klein Greco & Associates LLP at your earliest convenience.

Anna Avruchevsky, Esq. is a Partner at Klein Greco & Associates LLP.  She is a trusted advisor to entities, individuals and cooperative and condominium boards. She can be reached at aavruchevsky@kleingrecolaw.com.