Legal Analysts

Thursday, March 25, 2021

UPDATE on New Tenant Disclosure Form on Reasonable Modification and Accommodation

As an update on our BLOG on the new law requiring a disclosure form on reasonable modifications and accommodations, Governor Cuomo just signed Senate Bill S867 which removes the requirement that all landlords conspicuously post the disclosure form in all vacant listings. According to the New York State Senate website, “this measure was seen as an excessive mandate on landlords and difficult to enforce uniformly.”

Also, the new law is now under Section 170-d of the Executive Law. It was previously passed under Section 296 of the New York State Human Rights Law. This change means the failure to serve the disclosure form is no longer a listed discriminatory practice under the New York State Human Rights Law. Thus, it is unclear whether any penalty or enforcement is available on the new law or if it is just another lip service law.

As to the disclosure form itself, you can now access the New York State Division of Human Rights’ published disclosure form HERE.