Disabilities & "Reasonable Accommodations": A Guide for Landlords and Tenants

Tenants with physical or mental disabilities are protected against housing discrimination by a combination of federal, state, and local laws—including the Fair Housing Act, the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and local statutes like the Westchester County Human Rights Law and NYC Administrative Code.

Under these laws, landlords have a legal duty to reasonably accommodate disabled tenants, provided the accommodation does not create an undue financial or administrative burden. Here is how reasonable accommodations work from both sides of the lease.

Phase 1: Policy & Rule Modifications

Reasonable accommodations often involve adjusting building rules, practices, or services to afford disabled tenants equal opportunity to use and enjoy their home.

The Tenant’s Perspective	The Landlord’s Perspective
Request Policy Exceptions: You can request waivers for standard rules if necessary for your disability.	Evaluate Burden: You must grant policy modifications unless they impose an undue financial or administrative burden on operations.
Common Examples: Waiving a "no-pets" policy for an emotional support animal or service dog, permitting a live-in health aide, or providing alternative references during the application process.	Avoid Blanket Denials: Rejecting a valid request without engaging in an interactive dialogue can trigger serious discrimination complaints.

Phase 2: Interior Structural Modifications

When physical changes are needed inside the individual apartment (e.g., widening doorways or installing shower grab bars), specific rules apply regarding who pays and how the work is done.

The Tenant’s Perspective	The Landlord’s Perspective
Right to Modify: You generally have the right to make necessary structural changes inside your apartment to improve accessibility.	Set Reasonable Standards: You must permit reasonable interior modifications, but you can require that work be performed by licensed, fully insured contractors in a workmanlike manner.
Financial Obligation: Unless local law dictates otherwise, the tenant is typically responsible for funding interior modifications.	Require Restoration: You may require the tenant to restore the interior to its original condition upon moving out (normal wear and tear excepted) and, in some cases, post an escrow deposit to cover restoration costs.

Phase 3: Common Area Modifications

Modifications to shared spaces—such as adding entry ramps, modifying front doors, or installing exterior handrails—follow a different set of standards.

The Tenant’s Perspective	The Landlord’s Perspective
Shared Access: You can request modifications to building entrances, lobbies, and shared amenities so you can safely navigate the property.	Determine Cost Responsibility: Who pays for common area changes depends on applicable local laws and property type. In certain jurisdictions, landlords may be required to install and fund entrance ramps or door modifications.
Assess Feasibility: Recognize that building architecture and structural limits play a role in what can reasonably be built.	Assess Practicability: You are not required to execute modifications that require extensive structural reconfiguration or are architecturally impracticable.

Phase 4: Written Requests & Risk Management

Failing to handle an accommodation request properly can expose landlords to costly regulatory investigations and litigation, while improper documentation can hurt a tenant's request.

The Tenant’s Perspective	The Landlord’s Perspective
Put It in Writing: Submit all accommodation requests formally in writing to your landlord, clearly outlining the needed change.	Respond Formally in Writing: Always respond in writing and keep thorough records of all communications and decisions.
Maintain Records: Keep copies of all written communications, medical notes (if required), and official responses.	Avoid Improper Inquiries: Be extremely cautious with the questions you ask regarding a tenant's disability; asking improper questions can constitute illegal discrimination.

Navigating Housing Law with Confidence

The laws surrounding reasonable accommodations are complex and frequently litigated. Whether you are a landlord responding to an accommodation request or a tenant seeking modifications, having experienced legal counsel ensures your rights and interests are protected.

At Bizzoco Law Group, PLLC, we have navigated landlords and tenants through complex housing matters since 2012. If you have questions about reasonable accommodations, need assistance drafting or responding to a request, or are facing a discrimination claim, we are here to help.

Contact Us Today:

• Phone: (646) 470-4700

• Email: gb@bizzocolg.com

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