Co-op boards in New York face many responsibilities. One complex area involves handling accommodation requests from residents with disabilities. While boards must address residents’ concerns with empathy, decisions must also align with legal requirements under fair housing laws. These statutes set how a board must review accommodation requests and when approval is legally required.
What qualifies as a reasonable accommodation under New York law?
A reasonable accommodation is a structural change or policy that supports equal use of housing for a resident with a disability. It addresses specific barriers that affect daily living within the building. Common examples include granting a policy exception, such as allowing an emotional support animal despite a “no-pets” policy. In some cases, it may require physical changes by adding a ramp or moving an individual to the top of the parking lot waiting list.
Under the Fair Housing Act, boards must give every request a thorough review. Legal duties may arise when the request is needed to support equal access to housing. However, this does not mean automatic approval. The change must also fit within the building’s existing structure and operations.
When can a board deny an accommodation request?
Under New York state and local laws, a co-op board may deny a request if it establishes that the accommodation would cause an undue hardship to its operations. This may entail proving that the change would cause significant financial cost or major disruption to building services.
To prevent housing discrimination claims, boards must ensure non-discriminatory reasons for a denial. A careful review of the request is essential to ensure compliance with New York fair housing standards.
How should a board assess accommodation requests?
The Fair Housing Act allows boards to request supporting information when an accommodation need is unclear. This may include a note from a healthcare provider confirming the disability and the accommodation need. However, boards generally cannot ask for certain diagnoses or unrelated personal medical information.
New York City also requires boards to have a cooperative dialogue with the resident before issuing a denial. This process helps clarify the request, explore possible solutions and ensure all relevant information is considered. The failure to engage in a cooperative dialogue is itself a discriminatory act under NYC law.
Managing accommodation requests effectively
Fair housing compliance requires more than responding to a request as it arises. Rushed or inconsistent decisions by a board may lead to discrimination claims or disputes. In such cases, legal counsel may help guide the board before it issues a final response.