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Real Estate

Housing Reasonable Accommodation

A housing reasonable accommodation request usually starts with a practical need — an assistance animal in a no-pet building, a closer parking space, a move to a ground-floor unit, or extra time to deal with a rent problem connected to a disability.

Reviewed

01 GUIDE

Housing Reasonable Accommodation: what usually happens

What the request actually asks for

Federal fair housing law, along with New York State and New York City human rights laws, generally requires housing providers to make reasonable exceptions or adjustments to their rules and services when a disability makes that necessary for equal access to housing. That differs from a reasonable modification, which is a physical change to the unit or building, and who pays for a modification can depend on the type of housing. A provider can refuse a request in some situations, for example when it would impose an undue burden, but a flat refusal without any discussion often becomes a problem of its own. Co-op and condominium boards are generally treated as housing providers for these purposes.

Making the request in a way that can be shown later

A request does not have to use legal words, but putting it in writing creates a record of when it was made and what was asked. If the disability or the need is not obvious, a provider may usually ask for reliable information connecting the disability to the request, such as a letter from a treating provider, but generally not for a full diagnosis or medical file. Keep copies of everything you send and receive, along with the lease rules or notices at issue. If the landlord proposes an alternative, take it seriously and reply in writing, because that exchange is often what an agency later reviews. Delays and unanswered requests are worth recording too.

When the answer is no, or never comes

Complaints can usually be filed with HUD, the New York State Division of Human Rights, or the New York City Commission on Human Rights, or a case can be brought in court, and choosing one route can limit the others. Each route has its own filing deadline, and those deadlines can be shorter than people assume. In a first conversation we review the request, the response, and any eviction or lease proceeding that may be connected, since an accommodation request can matter in Housing Court as well. If you are a landlord or board facing a request, we go through what information you can ask for and how to respond without creating a claim. Either way, the aim is a workable arrangement on the record.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 HOW WE WORK

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04 OFFICES

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Attorney Advertising. This page is general information about housing reasonable accommodation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.