4.19 B. New York City Human Rights Law

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

B. New York City Human Rights Law

The New York City Human Rights Law makes it unlawful for the owner or lessor of a housing accommodation to refuse to rent, lease or otherwise deny or withhold housing accommodations because of, inter alia, a person’s disability.¹⁰³ The city code defines disability as any physical, mental, medical or psychological impairment, or a history or record of such impairment.¹⁰⁴ This definition does not require that the impairment substantially limit a major life activity, unlike the FHAA and ADA definitions of disability, thereby permitting broader coverage.

Furthermore, the City Code goes beyond the FHAA and New York State HRL in that it requires the landlord, rather than the tenant, to bear the cost of structural modifications when needed to reasonably accommodate a tenant with a disability. New York City Admin. Code § 8-107(15) appears to place the burden for making all necessary accommodations upon the covered entity, whether it be an employer or a landlord. The FHAA and New York State HRL only require that a landlord permit a disabled tenant to make structural modifications at the tenant’s expense.

Section 8-109 of the New York City Administrative Code outlines the procedure for bringing a claim. The complaint must be filed within one year after the alleged unlawful discriminatory practice.¹⁰⁵ The commission must make a prompt investigation in connection with complaints filed and, after such...