If you have a disability and live in New York City, federal and local law require your landlord to make reasonable accommodations — changes to rules, policies, or practices — and reasonable modifications — physical changes to your apartment or building — so that you can fully use and enjoy your home. These rights apply to tenants in private rentals, rent-stabilized apartments, cooperatives, condominiums, and public housing. This guide explains what you are entitled to and how to ask for it.
The Legal Framework
Three laws create overlapping disability rights in NYC housing:
- Fair Housing Act (FHA): Federal law prohibiting housing discrimination based on disability in most residential housing. Requires landlords to grant reasonable accommodations and allow reasonable modifications.
- Section 504 of the Rehabilitation Act: Applies to housing programs receiving federal financial assistance, including HUD-assisted housing, NYCHA, and Section 8 properties. Often provides stronger protections than the FHA.
- NYC Human Rights Law (NYCHRL): NYC’s local law, which provides broader protections than federal law. Under the NYCHRL, landlords must provide reasonable accommodations unless doing so would impose an undue hardship — and “undue hardship” is construed narrowly in NYC.
What Is a Reasonable Accommodation?
A reasonable accommodation is a change to a rule, policy, practice, or service that allows a person with a disability to have equal opportunity to use and enjoy their housing. Examples:
- Allowing a service animal or emotional support animal in a no-pets building
- Assigning a reserved parking space closer to the entrance for a tenant with a mobility impairment
- Permitting a live-in aide or caregiver not listed on the lease
- Allowing rent payment on a different schedule due to disability-related income timing
- Transferring a tenant to a ground-floor or accessible unit when one becomes available
- Providing written notices in an accessible format (large print, audio) for a visually impaired tenant
- Waiving a no-smoking policy in a specific unit for a tenant whose medical treatment requires a specific environment
What Is a Reasonable Modification?
A reasonable modification is a physical change to the apartment or building that allows a person with a disability to use it. Examples:
- Installing grab bars in the bathroom
- Widening a doorway for wheelchair access
- Installing a ramp at the building entrance
- Lowering light switches or countertops
- Adding a visual doorbell or flashing fire alarm for a hearing-impaired tenant
Under the FHA, tenants generally pay for reasonable modifications in private housing (unless the building receives federal funding). Under the NYC Human Rights Law, the landlord may be required to pay if they are large enough and the modification is reasonable.
How to Request a Reasonable Accommodation
Step 1: Make a Written Request
Send a written request to your landlord or building management. You do not need to use specific legal language or disclose your full diagnosis. You must:
- State that you have a disability (you do not need to name it)
- Describe the accommodation or modification you are requesting
- Explain the connection between your disability and the need for the accommodation (e.g., “I use a wheelchair and need a reserved parking space closer to the entrance”)
Keep a copy of your request and note the date sent. Send it by email or certified mail so you have proof of delivery.
Step 2: Provide Supporting Documentation if Asked
Your landlord may request verification of your disability and the need for the accommodation from a healthcare provider, social worker, or other qualified professional. This verification does not need to reveal your diagnosis — it only needs to confirm that you have a disability and that the accommodation is related to your disability. You are not required to provide complete medical records.
Step 3: Engage in the Interactive Process
After receiving your request, your landlord must engage in a good-faith “interactive process” — a dialogue to identify a workable accommodation. If your specific request is not feasible, the landlord must explore alternatives rather than simply denying your request. If your landlord stops communicating or refuses without explanation, that is itself a violation.
What If Your Landlord Denies Your Request?
If your landlord denies your reasonable accommodation or modification request, you have several options:
- File a complaint with the NYC Commission on Human Rights (CCHR): Call (212) 416-0197 or file online at nyc.gov/humanrights. The CCHR has authority to investigate, hold hearings, and award damages and civil penalties against landlords who violate the NYC Human Rights Law.
- File a complaint with HUD: For federal Fair Housing Act violations, file with the U.S. Department of Housing and Urban Development at hud.gov/fairhousing or call 1-800-669-9777. HUD complaints must be filed within one year of the discriminatory act.
- File in court: You can bring a lawsuit in federal or state court for Fair Housing Act or NYC Human Rights Law violations. Successful plaintiffs can receive compensatory damages, punitive damages, attorney’s fees, and injunctive relief.
- Contact a disability rights organization for free advocacy and legal assistance (see below).
Disability Rights in NYCHA Public Housing
NYCHA tenants have strong disability rights under Section 504 and the Americans with Disabilities Act in addition to the FHA and NYCHRL. NYCHA must provide reasonable accommodations including:
- Transfer to an accessible unit when one becomes available
- Accessible communication (written materials in accessible formats)
- Physical modifications to units
- Permission for live-in aides
Submit accommodation requests to your NYCHA development’s management office in writing. If denied, file a grievance and contact Legal Aid Society’s NYCHA unit at (212) 577-3300.
Free Help
- NYC Commission on Human Rights: (212) 416-0197 — file complaints for denied accommodations
- Disability Rights Advocates: dralegal.org — free legal representation for disability discrimination
- Legal Aid Society: (212) 577-3300
- Center for Independence of the Disabled NY (CIDNY): (212) 674-2300 — cidny.org
- HUD Fair Housing: 1-800-669-9777
Frequently Asked Questions
Do I have to tell my landlord my diagnosis to get an accommodation?
No. You only need to disclose that you have a disability and explain the connection between your disability and the need for the accommodation. You are not required to name your diagnosis or provide full medical records.
My landlord says my emotional support animal is not a service animal. Can they deny it?
Under the Fair Housing Act, emotional support animals (ESAs) are a recognized reasonable accommodation — landlords must allow them in no-pet buildings if you have a disability-related need supported by documentation from a healthcare provider. ESAs are different from ADA service animals, but the FHA protection for housing applies to both. File a complaint with the NYC Commission on Human Rights if your landlord refuses.
My landlord won’t let me install grab bars. What can I do?
A landlord cannot refuse to allow reasonable modifications for disability access. Under the FHA, they must permit you to make modifications at your expense (you may need to restore the apartment when you leave). Under the NYC Human Rights Law, the landlord may be required to pay. File a complaint with the NYC Commission on Human Rights if they refuse.
What is the deadline to file a fair housing complaint about a denied accommodation?
With HUD: one year from the discriminatory act. With the NYC Commission on Human Rights: one year from the act under the NYC Human Rights Law (three years for some claims). With federal courts: two years. Do not delay — file as soon as possible after a denial.
