The New York State Division of Human Rights (NYSDHR) has provided guidance in the form of final regulations (adding 9 New York Code of Rules and Regulations 466.15) for housing providers to comply with New York Executive Law Sec. 170-d. In a previous alert, we discussed amendments to the law, requiring every housing provider to provide written notice to all tenants and prospective tenants of their rights to request reasonable modifications and accommodations in connection with certain disabilities recognized under New York law.

A housing provider is a residential landlord or owner and includes all cooperative boards. Condominium boards are not considered housing providers, except to the extent that a condominium board owns a unit occupied by a tenant. Individual condominium unit owners who lease their units must also comply.  

The NYSDHR regulations provide a sample copy of the required notice that must be delivered to new tenants, in writing, within 30 days of the effective date of a new lease. While the NYSDHR does not provide clarity as to the notice requirements for existing tenants, we recommend that housing providers send the notice as soon as possible but no later than June 17, 2022 (30 days following the publication of the NYSDHR’s updated regulations).

The notice can be sent via email, text, an electronic messaging system, facsimile, or hardcopy and must (1) be in writing and in 12-point font or larger, or another easily legible font; (2) include telephone number(s) and e-mail of the property manager or other person responsible for accepting reasonable accommodation requests; and (3) be posted in a common area. Additionally, if the housing provider has a website, a link to the notice must be prominently and conspicuously displayed on the homepage.

As noted in our previous alert, we recommend that boards and management companies include such disclosures and a copy of the notice in their purchase, rental, and sublet applications and require that each prospective shareholder, tenant, or subtenant sign a written confirmation that they received the required notice.