New York State’s Division of Human Rights recently finalized the rules surrounding Disability Accommodation Notice, giving owners and managers limited time to provide Notices to current residents and ensure new residents receive them going forward.
You can view the full text of the law here, but we’ve pulled out some critical details for you below.
Per the law, “Housing providers that are the owner, lessee, sub-lessee, assignee, or managing agent of a housing accommodation or publicly-assisted housing accommodation, must provide notice, as provided for in this regulation, to all new and current tenants in the following manner:
- (i) Within 30 days of the effective date of their tenancy; [Editor’s note: for new residents]
- (ii) for current tenants, within thirty days after the effective date of Executive Law section 170-d. [Editor’s note: As of May 18, 2022, so June 17th, 2022]
- (iii) In writing, and in 12-point font or larger, or other easily legible font.
- (iv) Include telephone number(s) and e-mail of the property manager or other person responsible for accepting reasonable accommodation requests.
- (v) By email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the notice required pursuant to this regulation shall be permissible, provided the communication also contains text to inform the prospective tenant that the link contains information regarding tenants’ rights to reasonable accommodations for persons with disabilities. The notice must be available for printing and downloading.
- (vi) Where such communication is in paper form, the notice must be included within such communication, or by providing the notice in an accompanying document.
- (vii) May be accomplished by including the notice in or with other written communications, such as a lease or other written materials routinely provided to tenants.
- (viii) Oral disclosure does not satisfy the requirements imposed by this section.
- (ix) “Posting” of the notice pursuant to paragraph (d)(3) of this subdivision, either on paper, on a bulletin board, or on an electronic bulletin board or notice area, does not satisfy the requirements imposed by this section.
Here’s a link to sample Disability Accommodation Notices provided by DHR. The sample language is on pages 6 and 7, specifically. You can copy the text and fill in the blanks on the first page of the Notice with appropriate information (phone/email address).
Per Habitat’s summary article, linked here, “…condo board or homeowners association is not subject to the notice requirement — unless it owns a unit and is leasing it for home residency.”
To summarize, managing agents (including co-ops or other organizations that are renting out residential housing) can provide this notice via email, text, or electronic messaging system, as long as residents can download and print it. Posting the notice does not satisfy this specific requirement – it must be provided per the above rules.
If you have questions, don’t hesitate to reach out to our team at email@example.com. We’ll keep you posted if there are any further updates to this rule.