New York Real Estate Salesperson ExaminationNew York State Specific Laws and RegulationsEasy
A New York real estate broker is acting as a property manager for a residential building. A prospective tenant with a physical disability requests to install grab bars in the bathroom and a ramp at the entrance to their unit at their own expense. What is the broker's obligation under New York's Fair Housing Laws?
- AThe broker must permit the modifications and pay for them, as it is a reasonable accommodation for a disability.
- BThe broker can deny the request if the modifications would decrease the property's market value.
- CThe broker can deny the request, as these modifications alter the physical structure of the property.
- DThe broker must permit the modifications at the tenant's expense, provided they are reasonable and the property can be restored.
Show answer & explanationAnswer & explanation
Correct answer: D. The broker must permit the modifications at the tenant's expense, provided they are reasonable and the property can be restored.
New York's Fair Housing Laws, mirroring federal law, require landlords and their agents to permit reasonable modifications for tenants with disabilities at the tenant's expense. The tenant must agree to restore the property to its original condition upon vacating, if reasonable to do so.
Why the other options are wrong
- A. The landlord/broker is not typically required to pay for physical modifications, only to permit them.
- B. Property market value is not a permissible reason to deny reasonable modifications under fair housing laws.
- C. Denying reasonable modifications that are paid for by the tenant is a violation of fair housing laws.
Reasonable Modifications (NY Fair Housing)
Under New York's Fair Housing Laws, landlords must permit tenants with disabilities to make reasonable physical modifications to their living space at the tenant's expense, provided the tenant agrees to restore the property.
- Tenant pays for modifications.
- Modifications must be reasonable.
- Tenant may be required to restore property to original condition.
Memory trick: Disabled tenants can 'MOD' their pad, but they 'PAY' and 'RESTORE' it back.