This article originally appeared in the September, 2000 issue of Landlord Tenant Practice Reporter. Reprinted with permission from SideBar Press, Inc. For more information call (845) 348-7783.

Most real estate professionals know that’s it’s illegal to discriminate against the disabled when renting apartments. But fair housing laws remain a concern after a disabled tenant moves in. Federal, State and New York City fair housing laws require landlords to:

• make "reasonable accommodation" for disabled tenants, at the landlord's expense;¹ and
• allow disabled tenants to make reasonable modifications of their living unit and the common areas at their expense, if that is what is needed for the person to comfortably and safely live in the unit.²

Accommodations

To accommodate a disabled tenant, the landlord is expected to adjust its rules, procedures or services where reasonable and necessary to give the tenant an equal opportunity to use and enjoy a dwelling unit or a common space. Reasonable accommodations include such things as:

• Parking. If parking is provided, providing a close in, spacious parking space for a disabled tenant. ³
• Service animals. If there is a "no-pets" policy, making an exception for disabled tenants who need specially trained guide dogs, hearing dogs or an emotional support pet.⁴
• Communications. When issuing notices to tenants, arranging to have all communications from management read to a sight-impaired tenant.

Landlords are generally expected to pick up the tab for the costs of the accommodation unless the expense would place an undue hardship on their business. For example, a federal court ruled that a landlord could refuse a tenant's request for a wheelchair lift estimated to cost between $25,000 and $50,000 since the landlord had incurred financial losses in operating the building in the three years prior to the request.⁵

Modifications

Allowing disabled tenants to modify their living space to the extent necessary to make it safe and comfortable is also required, as long as the modifications will not make the unit unacceptable to the next tenant, or the disabled tenant agrees to undo the modification upon leaving.

Examples of modifications undertaken by disabled tenants include:

• lowering counter tops for wheelchair-bound tenant;
• installing special faucets or door handles for persons with limited hand use;

• modifying kitchen appliances to accommodate a blind tenant; and
• installing a ramp to allow a wheelchair-bound tenant to negotiate two steps up to a raised lobby or corridor.

The tenant must obtain the landlord’s prior approval and bear all of the costs for modifications to the rental unit. The landlord is entitled to ask for a detailed description of the proposed modifications, proof that they will be done in a workmanlike manner and evidence that the tenant will obtain any necessary building permits. If the tenant proposes to modify the rental unit to an extent that will require restoration later when the tenant leaves (for instance, repositioning the kitchen counters), the landlord may request that the tenant pay the amount estimated for the restoration into an interest-bearing escrow account. Any interest belongs to the tenant.

Verification

If a tenant asks for an accommodation or wants to modify a dwelling to accommodate a disability, the landlord may ask for proof (e.g., from the tenant's physician) that the proposed accommodation or modification is necessary for the tenant to live safely and comfortably on the premises. Say, for example, that a tenant asks the landlord to make an exception to a no-pets policy for Duke, an "emotional support" poodle. The landlord may legally request a letter or other proof from the tenant's doctor, psychologist or social worker that: 1) the tenant is a patient or client, and 2) that the tenant needs Duke to accommodate his disability.

Endnotes:

1. 42 U.S. Code § 3604(f)(3)(B); Exec. L. § 296(18)(3); NYC Admin. Code § 8-102(18).

2. 42 U.S. Code § 3604(f)(3)(A); Exec. L § 296(18); NYC Admin Code § 8-102(18).

3. See, e.g., Shapiro v. Cadman, Towers, 51 F.3d 328 (2d Cir. 1995) (requiring co-op to reasonably accommodate a shareholder-tenant with multiple sclerosis by providing an accessible parking spot).

4. See, e.g., Crossroads Apartments Associates, v. LeBoo, 152 Misc.2d 830, 578 N.Y.S.2d 1004 (City Ct., Rochester, Monroe County, 1991) (landlord could not enforce no-pets clause where tenant showed that cat helped alleviate mental illness); see also K. Copeland, "Discrimination", Landlord-Tenant Prac.Rep,. 12/99, p.1.

5. Rodriguez v. 551 West 157th Owners Corp., 992 F.Supp 385 (S.D.N.Y. 1998).

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