Key Takeaways
- The ADA (Americans with Disabilities Act) applies to commercial properties and public accommodations
- The Fair Housing Act applies to residential properties with 4+ units built after March 1991
- Landlords must allow reasonable modifications at the tenant's expense
- Landlords must make reasonable accommodations to rules and policies
- Service animals and emotional support animals must be allowed (no pet deposits)
Last updated: January 2026
ADA & Accessibility Requirements
Understanding disability accommodations is essential for NY real estate practice.
ADA vs. Fair Housing Act
| Law | Applies To | Key Focus |
|---|---|---|
| ADA | Commercial, public | Accessibility |
| Fair Housing Act | Residential | Non-discrimination |
| NY Human Rights Law | Both | Broader protections |
Fair Housing Act - Disability Provisions
New Construction Requirements
Buildings with 4+ units built after March 13, 1991 must have:
| Feature | Requirement |
|---|---|
| Accessible entrance | At least one route |
| Accessible common areas | Lobbies, laundry, etc. |
| Accessible doors | 32" minimum clearance |
| Accessible routes | Throughout unit |
| Reinforced walls | For grab bar installation |
| Accessible switches | Reachable height |
Reasonable Modifications
Tenants with disabilities have the right to modify units:
| Modification Type | Who Pays |
|---|---|
| Interior changes | Tenant |
| Common area changes | Usually tenant |
| Restoration required | If reasonable |
Examples of Modifications
| Modification | Purpose |
|---|---|
| Grab bars | Bathroom safety |
| Ramps | Wheelchair access |
| Lower counters | Accessibility |
| Visual doorbells | Hearing impaired |
Reasonable Accommodations
Landlords must accommodate by changing rules or policies:
| Accommodation | Example |
|---|---|
| Reserved parking | Closer to entrance |
| Service animal | No-pet policy exception |
| Support animal | Emotional support |
| Early lease termination | Medical necessity |
Service Animals vs. Support Animals
| Type | Definition | Documentation |
|---|---|---|
| Service Animal | Trained for specific task | None required |
| Emotional Support | Provides comfort | Letter from provider |
Key Rules
| Rule | Details |
|---|---|
| No pet deposits | For service/support animals |
| No breed restrictions | For service animals |
| Limited questions | Only: Is it needed? What task? |
| Liability | Owner responsible for damage |
ADA Commercial Requirements
Public Accommodations
The ADA requires accessibility in:
| Type | Examples |
|---|---|
| Places of lodging | Hotels, motels |
| Restaurants | Food service |
| Entertainment | Theaters, stadiums |
| Retail | Stores, malls |
| Professional offices | Doctors, lawyers |
| Real estate offices | Broker offices |
Barrier Removal
Existing buildings must remove barriers if:
| Condition | Requirement |
|---|---|
| Readily achievable | Not too difficult/expensive |
| Alternative available | If removal not achievable |
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Test Your Knowledge
A tenant with a disability wants to install grab bars in the bathroom. Under fair housing law, who pays for this modification?
A
B
C
D
Test Your Knowledge
A landlord has a strict "no pets" policy. A tenant with anxiety disorder has an emotional support animal. Can the landlord refuse?
A
B
C
D