New York Real Estate Salesperson ExaminationNew York State Specific Laws and RegulationsHard
A tenant with a disability requests that their landlord install a ramp at the building's entrance to accommodate their wheelchair. The building has 10 units and was built in 1990. Under New York's Fair Housing Laws, what is the landlord's obligation?
- AThe landlord is not obligated to allow any modifications to the building's common areas.
- BThe landlord must allow the tenant to install the ramp at the tenant's expense, if reasonable and removable.
- CThe landlord only needs to install the ramp if the building has more than 20 units.
- DThe landlord must pay for and install the ramp, as it is a reasonable accommodation.
Show answer & explanationAnswer & explanation
Correct answer: B. The landlord must allow the tenant to install the ramp at the tenant's expense, if reasonable and removable.
Under Fair Housing laws, landlords must permit reasonable modifications necessary for disabled tenants to enjoy the premises. However, the tenant is generally responsible for the cost of such modifications and for restoring the property to its original condition, if reasonable to do so, upon vacating.
Why the other options are wrong
- A. This is incorrect; landlords must make reasonable accommodations and permit reasonable modifications under fair housing laws.
- C. The number of units does not dictate the obligation to permit reasonable modifications for a tenant with a disability under federal and state fair housing laws.
- D. While it's a reasonable accommodation, the cost typically falls on the tenant, not the landlord, for modifications to existing structures.
Reasonable Modifications (Fair Housing)
Structural changes made to a dwelling or common areas by a person with a disability, at their own expense, to afford them full enjoyment of the premises. Landlords must permit these if reasonable.
- Tenant pays for modification.
- Tenant may need to restore property.
- Must be 'reasonable' and 'necessary'.
Memory trick: Modify with care, tenant's fare, landlord's share.