On March 25, 2021, Governor Andrew Cuomo signed into law Senate Bill S867, an amendment to New York executive law, related to disclosures of disabled tenants’ rights. The amendment requires 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. The notice must be sent to current tenants by April 1, 2021, and to prospective tenants within 30 days of the effective date of their tenancy.

WHO MUST COMPLY?

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

HOW TO COMPLY?

The New York State Division of Human Rights issued a sample notice that housing providers can use to conform with the law as set forth in the original sections of the Human Rights Law. We expect that New York City Division of Human Rights will issue a similar sample notice. Housing providers should consider tailoring the notice to meet the needs of each building.

Although not explicitly mandated in the amendment, boards and management companies may also want to include such disclosures 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.