Supplementing our update (sent March 17, 2021) regarding the recent amendments to the Statue Human Rights Law (the “SHRL”), on March 25, 2021, Governor Cuomo signed a bill repealing the previously enacted Exec Law §§ 296-[2-b] and [18-a], that required housing providers to (1) notify all tenants and prospective tenants of their right to reasonable accommodations and reasonable modifications in writing and (2) post said notice in all vacant housing accommodations offered for rent.
The bill repealing the foregoing amendment simultaneously enacts Exec. Law § 170-d (also effective on March 2, 2021), which provides for the State Division on Human Rights to promulgate regulations requiring every housing provider to notify tenants and prospective tenants, in writing, of the right to request reasonable accommodations and modifications. This notice is required to be provided to existing tenants on or before April 1, 2021, and to prospective tenants within 30 days of the effective date of a tenancy.
The law, as amended, removes any requirement to post a notice in vacant housing accommodations offered for rent.
The State Division on Human Rights has not yet promulgated any regulations with respect to the foregoing. However, our office has prepared a form notice for service to address these new SHRL requirements, as well as additional requirements and discrepancies applicable to housing providers under the New York City Human Rights Laws (“NYCHRL”, found at Title 8 of the Administrative Code of the City of New York) and the Federal Fair Housing Act (“FHA”, 42 USC § 3601).
As a reminder, Rosenberg & Estis, P.C. offers policy drafting and consulting services to educate housing providers on compliance with the SHRL, the NYCHRL and the FHA, and to avoid potential liability under these regulations. Comparable policy drafting and consulting is likewise available for commercial facilities and public accommodations, governed by the SHRL, the NYCHRL and the American’s with Disabilities Act (42 U.S.C. ch. 126 § 12101 et seq).
Please contact Cori Rosen at 212-551-8401 or your Rosenberg & Estis, P.C. professional if you would like to discuss any of these issues further.