How to request a reasonable accommodation from your landlord

To get a disability-related change from your landlord, ask in writing, explain that you have a disability and what change you need, and include a short note from a health professional only if the need isn’t obvious. In New York City, the landlord must discuss the request with you in good faith, give you a written decision, and generally pay for the accommodation unless it proves undue hardship.

That last point surprises many tenants. Federal law usually makes the tenant pay for physical changes inside an apartment, but the NYC Human Rights Law puts the cost on the housing provider. This guide covers what you can ask for, who pays, how the process works and what to do if the answer is no. Use the checklist at the end to build your request.

Accommodations vs modifications

Fair housing law uses two terms. A reasonable accommodation is a change to a rule, policy, practice or service. A reasonable modification is a physical change to the apartment or building. The NYC law treats both as accommodations and doesn’t separate common areas from the inside of your unit.

Who pays: the three laws compared

Because the NYC law is the most protective and covers almost all city housing, it usually controls. Two narrow exemptions exist: a rental in an owner-occupied two-family building that was not publicly advertised, and renting rooms inside the owner’s or occupant’s own home. Publicly assisted housing is never exempt. In co-ops and condos, the board pays for common-area changes, while the unit owner pays for changes inside their own unit; a board can’t unreasonably block interior accessibility work.

The cooperative dialogue

Since Local Law 59 of 2018, the NYC Human Rights Law requires a cooperative dialogue: a good-faith, written or spoken exchange about your needs and possible accommodations. It starts when you ask, or when the landlord knows or should know you may need one. Refusing to engage is a violation on its own, even if the landlord would eventually have said yes.

1. 1

   You ask

   No magic words or forms. A written request creates a record and starts the clock.

2. 2

   The landlord may ask limited questions

   If your disability or the need isn’t apparent, the landlord may ask for a note from a health professional that confirms a disability, identifies the functional limitation and explains how the change helps. It can’t require your diagnosis (unless it is truly needed to choose the accommodation), your full records, or a specific form. If the disability and need are obvious, extra questions can themselves be harassment.

3. 3

   Alternatives are discussed

   If two options meet your needs equally, your preference gets primary consideration but the landlord may choose the cheaper one. If one option lets you enjoy your home more fully, the landlord must provide that one unless it is an undue hardship. For example, the guidance says a landlord must make the primary entrance accessible, not a side door, unless that is an undue hardship.

4. 4

   You get a written final determination

   NYC housing providers must end every dialogue with a written decision saying what was granted or denied. Each new request starts a new dialogue.

Staying in your home comes first

Under the city guidance, the landlord’s first duty is to make your current unit work. Moving you is a last resort, and you don’t have to relocate if a physical change to your unit is possible without undue hardship. If you are rent stabilized or rent controlled and a move is necessary, the landlord should make every reasonable effort to move you to another regulated unit, so you don’t lose those protections.

When can the landlord say no?

In NYC every accommodation is presumed reasonable. The landlord has to prove undue hardship, weighing factors like the cost and its own financial resources, and if your first choice is too much, it must propose alternatives that aren’t. Aesthetic objections don’t count, and where landmark or other rules stand in the way, the landlord should explore a waiver. A request being unusual, or having been too costly for someone else in the past, isn’t a reason to deny it.

Build your request

Work through this list as you write and follow up. Your progress is saved in this browser.

Where to file if you’re denied or ignored

If your situation is urgent, say so when you call; the city guidance says how quickly a provider responds is judged in light of the urgency of the request. Retaliation for requesting an accommodation is illegal. If the problem is a repair rather than a disability-related change, see NYC landlord repair responsibilities. For assistance animals specifically, read emotional support animals in rental housing, and for other kinds of discrimination see housing discrimination in NYC.