LIEB BLOG

Legal Analysts

Showing posts with label housing discrimination. Show all posts
Showing posts with label housing discrimination. Show all posts

Friday, March 18, 2022

5 Tips if you Face Discrimination

If you think that you are being discriminated against at work, in housing, within education, or during any other aspect of your life, you should take the following 5 steps immediately:


  1. Make Records: Memory fades and uncorroborated facts are unbelievable so you need to create evidence if you plan to bring a discrimination claim. If you live in a state like NY, where recording a conversation only requires one-party consent, then, start recording all of your conversations with witnesses and perpetrators immediately. If not, stick to a daily diary of events. Either way, get that evidence recorded starting now.
  2. Save Documents: If discrimination is occuring at work, make sure to take all of your employment agreements, policy manuals, and procedure documents and put them onto your personal computer or turn them into printed form. If discrimination is happening in housing, compile your lease, house rules, and all other written documents and make sure they are similarly saved. Remember, from the moment that you believe that you are a discrimination victim, you need to start creating a file of all the relevant documents to the discriminatory events, including everything peripheral thereto. When in doubt as to whether a document is relevant, save the document. 
  3. Befriend Witnesses: They say it takes a village and that couldn't be more true when you are trying to overcome discrimination that is wronging you. To win a discrimination case, you need allies and advocates in your corner. Did you know that your allies are also protected under discrimination law and can bring a claim themselves if they face retaliation for assisting you? 
  4. Stay Strong: Most victims are afraid to fight for their rights because they fear that they will face a worse situation if they speak up. If this is you, please know that every act of retaliation against you gives you a further legal claim against the perpetrator. Did you know that even if you lose your discrimination case, you can still recover damages on a retaliation claim? So, don't be afraid to speak up and fight for your rights.  
  5. Protect Yourself: This is the most important tip that we can give. You should always worry less about your ability to sue for damages incident to being discriminated against and worry more about being safe. If you feel in danger, always get out of that situation immediately and call the police. 

Finally, remember to always consult with an attorney because your attorneys' legal fees are recoverable as damages in a discrimination claim and nothing replaces receiving tailored advice for your specific situation before you act to stop it. 



Thursday, March 17, 2022

Notice of Tenants' Rights to Reasonable Modifications and Accommodations for Persons with Disabilities

On March 16, 2022, the NYS Division of Human Rights published Revised Rule Making, HRT-15-21-00005-RP (proposed 19 NYCRR 466.15), with respect to the notice that tenants must receive, which explains their rights to receive reasonable modifications and accommodations in housing. 


The proposed regulation provides that:

  • Real Estate Brokers are charged with making this disclosure "[u]pon the first substantive contact." 
  • Housing providers are charged with providing this disclosure to current and new tenants. 
  • Housing providers must post the notice on all of their websites.


Here is what the notice should state:

NOTICE DISCLOSING TENANTS’ RIGHTS TO REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES 

Reasonable Accommodations

The New York State Human Rights Law requires housing providers to make reasonable accommodations or modifications to a building or living space to meet the needs of people with disabilities.

For example, if you have a physical, mental, or medical impairment, you can ask your housing provider to make the common areas of your building accessible, or to change certain policies to meet your needs.

To request a reasonable accommodation, you should contact your property manager by calling —or —, or by e-mailing — * . You will need to inform your housing provider that you have a disability or health problem that interferes with your use of housing, and that your request for accommodation may be necessary to provide you equal access and opportunity to use and enjoy your housing or the amenities and services normally offered by your housing provider.

A housing provider may request medical information, when necessary to support that there is a covered disability and that the need for the accommodation is disability related.

If you believe that you have been denied a reasonable accommodation for your disability, or that you were denied housing or retaliated against because you requested a reasonable accommodation, you can file a complaint with the New York State Division of Human Rights as described at the end of this notice. 

Specifically, if you have a physical, mental, or medical impairment, you can request: 

  • Permission to change the interior of your housing unit to make it accessible (however, you are required to pay for these modifications, and in the case of a rental your housing provider may require that you restore the unit to its original condition when you move out); 
  • Changes to your housing provider’s rules, policies, practices, or services;
  • Changes to common areas of the building so you have an equal opportunity to use the building. The New York State Human Rights Law requires housing providers to pay for reasonable modifications to common use areas.

Examples of reasonable modifications and accommodations that may be requested under the New York State Human Rights Law include:

  • If you have a mobility impairment, your housing provider may be required to provide you with a ramp or other reasonable means to permit you to enter and exit the building.
  • If your healthcare provider provides documentation that having an animal will assist with your disability, you should be permitted to have the animal in your home despite a “no pet” rule.
  • If you need grab bars in your bathroom, you can request permission to install them at your own expense.
  • If your housing was built for first occupancy after March 13, 1991 and the walls need to be reinforced for grab bars, your housing provider must pay for that to be done.
  • If you have an impairment that requires a parking space close to your unit, you can request your housing provider to provide you with that parking space, or place you at the top of a waiting list if no adjacent spot is available.
  • If you have a visual impairment and require printed notices in an alternative format such as large print font, or need notices to be made available to you electronically, you can request that accommodation from your landlord.

Required Accessibility Standards All buildings constructed for use after March 13, 1991, are required to meet the following standards:

  • Public and common areas must be readily accessible to and usable by persons with disabilities;
  • All doors must be sufficiently wide to allow passage by persons in wheelchairs; and
  • All multi-family buildings must contain accessible passageways, fixtures, outlets, thermostats, bathrooms, and kitchens.

If you believe that your building does not meet the required accessibility standards, you can file a complaint with the New York State Division of Human Rights.

How to File a Complaint A complaint must be filed with the Division within one year of the alleged discriminatory act. You can find more information on your rights, and on the procedures for filing a complaint, by going to www.dhr.ny.gov, or by calling 1-888-392-3644 with questions about your rights. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website.


The public can comment on this Revised Rule Making until April 30, 2022 by email to  Caroline.Downey@dhr.ny.gov with subject of I.D. No. HRT-15-21-00005-RP



Of note, this Proposed Rule was already revised based on prior public comment. Based on that prior comments, the Revised Rule now:
  1. Includes a posting requirement;
  2. Language change from "doctor" to "healthcare provider" with respect to proving disabilities;
  3. Language change from "show" a disability to "inform" of a disability;
  4. The regulation also now explains the statute of limitations of 3 years to file a complaint in court;
  5. Adding that the failure of a housing provider to respond to a reasonable accommodation request may also be considered a denial of a reasonable accommodation;
  6. Clarifying when a provider may reasonably request particular documentation about a disability or need for an accommodation; and
  7. That the notice requires owners and landlords, not real estate agents, to provide contact information for property managers in the notice.
The response to those comments also acknowledges that there is no express enforcement mechanism for failure to comply with the notice requirement besides from the fact, that we surmise, it will be relevant in a failure-to-accommodate lawsuit and under license law for licensed professionals. 


Finally, the Division of Human Rights declined to include advice about the availability of attorneys' fees for plaintiffs in discrimination lawsuits in response to comment. We strenuously disagree with this decision because this lack of disclosure will demotivate victims from seeking the professional help that they desperately need and we hope that you, the public, will comment, again, to remind the Division of this important fact.  



Thursday, December 23, 2021

Update! New York is Ready to Receive Your Calls on Housing Discrimination

New law establishes a dedicated phone line for public use to voice complaints of housing discrimination. New York State’s Division of Human Rights will operate the phone line during regular business hours. The phone number will be posted on the Division of Human Rights website.


The law becomes effective, 120 days after December 21, 2021. 


Nothing in this Bill prevents you from hiring an attorney to pursue damages resulting from discriminatory conduct. If you believe that you suffered injuries as a result of housing discrimination, you may be entitled to compensatory damages and punitive damages plus, you can have your attorneys' fees paid for by the defendant. 

Monday, December 13, 2021

New York is Ready to Receive Your Calls on Housing Discrimination

The New York State Legislature passed Bill S3437C that establishes a dedicated phone line for public use to voice complaints of housing discrimination. New York State’s Division of Human Rights will operate the phone line during regular business hours. The phone number will be posted on the Division of Human Rights website.


The Bill amends Human Rights Executive Law The General Powers of the Human Rights Division, Section 295 . It awaits the Governor's signature to become effective, as law, 120 days after it is signed.

 

Nothing in this Bill prevents you from hiring an attorney to pursue damages resulting from discriminatory conduct. If you believe that you suffered injuries as a result of housing discrimination, you may be entitled to compensatory damages and punitive damages plus, you can have your attorneys' fees paid for by the defendant. 



Friday, December 10, 2021

Increased Discrimination Training For Real Estate Brokers & Salespersons

Starting on July 1, 2022, Bill (S2132B) will add increased fair housing and discrimination training for Real Estate Brokers and Salespersons. 


Summary:

  • Requires course content to include:
    1. Legacy of segregation, unequal treatment, and historic lack of access to opportunity in housing;
    2. Unequal access to amenities and resources on the basis of race, disability and other protected characteristics;
    3. Federal, state, and local fair housing laws;
    4. Anti-Bias training.
  • Requires 152 hours of training to obtain a Real Estate Broker license
  • Requires 77 hours of training to become a licensed Real Estate Salesperson
  • Requires approval of faculty to sign a document, under oath, approved by and submitted to the Department of State, attesting to compliance with all applicable statutory and regulatory requirements pertaining to the instruction of the established curriculum. There will be penalties for faculty that fail to meet their obligations including suspension and revocation of their instructor certificate.