In New York, landlords have a legal obligation to comply with the Americans with Disabilities Act (ADA) for rental properties. This federal law was designed to protect individuals with disabilities against discrimination. For landlords, this means ensuring that rental properties are accessible to tenants with disabilities.
Understanding ADA compliance is crucial for landlords to avoid legal repercussions. Certain aspects of the ADA, including those overlapping with the Fair Housing Act (FHA), are relevant to residential rental properties.
Accessibility requirements under the ADA
The ADA requires that all “public accommodations,” which can include rental offices and common areas of larger residential buildings, be accessible to individuals with disabilities. This includes ensuring accessible entrances, paths and facilities within these areas. While individual private residences aren’t covered by the ADA, the common areas of larger residential buildings are subject to these rules.
Reasonable accommodations in rental properties
Landlords must make reasonable accommodations for tenants with disabilities. This can include modifying rules or services to enable the tenant equal opportunity to use and enjoy the dwelling.
For example, a landlord might need to allow a service animal despite a no-pet policy or provide a reserved parking space close to the entrance for a tenant with mobility issues.
Modifications to rental units
Tenants with disabilities may request permission to make modifications to their rental unit at their own expense. Under both the ADA and FHA, landlords must allow these modifications if they are reasonable and necessary. These modifications could include installing grab bars in the bathroom, lowering countertops or adding a ramp for wheelchair access.
Failure to comply with ADA and FHA requirements can lead to legal action against a landlord. It’s important for landlords to understand their obligations and to respond promptly and appropriately to requests for accommodations or modifications.
