• Landlord responsibility to disabled tenant in NY

    From John Levine@21:1/5 to All on Thu Jul 6 20:23:59 2023
    We own a house that we rent to an elderly woman. She is a great tenant
    but as one gets older one gets frailer. In NY what sort of
    accomodations does a landlord have to provide? For example, the
    bedroom is upstairs. If she could no longer climb stairs I presume we
    don't have to install a stair lift to the second floor, but do we have
    to put in a ramp to the porch if she chooses to rearrange things and
    live on the first floor?

    I realize she could choose to move somewhere else but she has been
    there for a long time and wants to stay. I want to be prepared to
    figure out what is considered reasonable along with what is
    financially feasible.

    To be clear, I am not asking what people think would be a good idea,
    or what they hope the law says. I'm asking what the law *actually*
    says for small landlords like us.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From micky@21:1/5 to Levine" on Fri Jul 7 06:49:08 2023
    In misc.legal.moderated, on Thu, 6 Jul 2023 20:23:59 -0700 (PDT), "John
    Levine" <johnl@taugh.com> wrote:

    We own a house that we rent to an elderly woman. She is a great tenant
    but as one gets older one gets frailer. In NY what sort of
    accomodations does a landlord have to provide? For example, the
    bedroom is upstairs. If she could no longer climb stairs I presume we
    don't have to install a stair lift to the second floor, but do we have
    to put in a ramp to the porch if she chooses to rearrange things and
    live on the first floor?

    I realize she could choose to move somewhere else but she has been
    there for a long time and wants to stay. I want to be prepared to
    figure out what is considered reasonable along with what is
    financially feasible.

    To be clear, I am not asking what people think would be a good idea,
    or what they hope the law says. I'm asking what the law *actually*
    says for small landlords like us.

    When I lived in NYC there was a large tenants organization that would be
    happy to help you, for free I'm sure. Since their purpose is to be pro-tenant, if they're wrong it would be in the tenant's favor, so the
    legal requirement would be what they say or, conceivably, less.

    I'm sorry I don't remember the name, and it's probably changed by now. (Somewhere I have a book called Tenant, that I read and used, 40+ years
    ago.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Stuart O. Bronstein@21:1/5 to John Levine on Fri Jul 7 06:46:36 2023
    "John Levine" <johnl@taugh.com> wrote:

    We own a house that we rent to an elderly woman. She is a great tenant
    but as one gets older one gets frailer. In NY what sort of
    accomodations does a landlord have to provide? For example, the
    bedroom is upstairs. If she could no longer climb stairs I presume we
    don't have to install a stair lift to the second floor, but do we have
    to put in a ramp to the porch if she chooses to rearrange things and
    live on the first floor?

    I realize she could choose to move somewhere else but she has been
    there for a long time and wants to stay. I want to be prepared to
    figure out what is considered reasonable along with what is
    financially feasible.

    To be clear, I am not asking what people think would be a good idea,
    or what they hope the law says. I'm asking what the law *actually*
    says for small landlords like us.

    You should talk to someone versed in ADA law, and it's NY equivalent, if
    there is one. I'm far from an expert in the ADA but I do believe that if
    a building hasn't undergone renovation since the Act became effective, no changes are required until some renovations are done. So giving her an accommodation could require you to do a lot more than you would plan to.

    But this is a highly specialized and complicated area of the law. You
    should talk to an expert.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Rick@21:1/5 to John Levine on Fri Jul 7 06:45:12 2023
    "John Levine" wrote in message news:u87ro2$268j$1@gal.iecc.com...

    We own a house that we rent to an elderly woman. She is a great tenant
    but as one gets older one gets frailer. In NY what sort of
    accomodations does a landlord have to provide? For example, the
    bedroom is upstairs. If she could no longer climb stairs I presume we
    don't have to install a stair lift to the second floor, but do we have
    to put in a ramp to the porch if she chooses to rearrange things and
    live on the first floor?

    I realize she could choose to move somewhere else but she has been
    there for a long time and wants to stay. I want to be prepared to
    figure out what is considered reasonable along with what is
    financially feasible.

    To be clear, I am not asking what people think would be a good idea,
    or what they hope the law says. I'm asking what the law *actually*
    says for small landlords like us.


    According to this article, you would be required to make reasonable accommodations but only if the costs are reasonable.

    https://nylpi.org/images/FE/chain234siteType8/site203/client/Housing_Rights%20of%20tenants%20with%20disabilities.pdf




    --

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  • From Barry Gold@21:1/5 to John Levine on Fri Jul 7 06:47:15 2023
    On 7/6/2023 8:23 PM, John Levine wrote:
    We own a house that we rent to an elderly woman. She is a great tenant
    but as one gets older one gets frailer. In NY what sort of
    accomodations does a landlord have to provide? For example, the
    bedroom is upstairs. If she could no longer climb stairs I presume we
    don't have to install a stair lift to the second floor, but do we have
    to put in a ramp to the porch if she chooses to rearrange things and
    live on the first floor?

    I realize she could choose to move somewhere else but she has been
    there for a long time and wants to stay. I want to be prepared to
    figure out what is considered reasonable along with what is
    financially feasible.

    To be clear, I am not asking what people think would be a good idea,
    or what they hope the law says. I'm asking what the law *actually*
    says for small landlords like us.

    I can't speak to NY, but in CA any changes required would not be at your expense. You should allow her to make *reasonable* changes at her own
    expense -- or you could make the changes with her paying for them.
    Adding a stairlift (at her expense) might be reasonable if you have wide stairways, but not if it's going to interfere with other tenants going
    up and down the stairs, probably carrying parcels.

    Ramp to the porch: probably reasonable, assuming it can be done without breaking up a bunch of stuff that other tenants use. Again at her expense.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From RichD@21:1/5 to Stuart O. Bronstein on Fri Jul 7 12:00:45 2023
    On July 7, Stuart O. Bronstein wrote:
    But this is a highly specialized and complicated area of the law.
    You should talk to an expert.

    And choose a tenant who doesn't talk to lawyers -

    https://www.kqed.org/news/11942959/hes-filed-over-2000-disability-lawsuits-in-california-his-latest-may-mean-more-cases-nationwide
    https://www.independent.com/2023/07/07/help-protect-small-business-from-predatory-lawsuits/

    --
    Rich

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  • From Bernie Cosell@21:1/5 to All on Fri Jul 7 13:46:46 2023
    "Rick" <rick@nospam.com> wrote:

    } According to this article, you would be required to make reasonable
    } accommodations but only if the costs are reasonable.
    }
    } https://nylpi.org/images/FE/chain234siteType8/site203/client/Housing_Rights%20of%20tenants%20with%20disabilities.pdf

    Who decides what's reasonable and unreasonable? I'd that if the landowner refuses a request for an accommodation it'd end up in some court to decide
    if was "reasonable" and so compel the landowner to comply or not.

    /Bernie\
    --
    Bernie Cosell Fantasy Farm Fibers
    bernie@fantasyfarm.com Pearisburg, VA
    --> Too many people, too few sheep <--

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  • From Stuart O. Bronstein@21:1/5 to RichD on Fri Jul 7 16:18:14 2023
    RichD <r_delaney2001@yahoo.com> wrote:
    On July 7, Stuart O. Bronstein wrote:

    But this is a highly specialized and complicated area of the law.
    You should talk to an expert.

    And choose a tenant who doesn't talk to lawyers -

    https://www.kqed.org/news/11942959/hes-filed-over-2000-disability-lawsu its-in-california-his-latest-may-mean-more-cases-nationwide https://www.independent.com/2023/07/07/help-protect-small-business-from -predatory-lawsuits/

    As I recall, in order to curb unfair lawsuits like that California enacted
    a law requiring potential plaintiffs to give potential defendants notice
    and opportunity to come into compliance before they can sue. I don't know about other states.

    --
    Stu
    http://DownToEarthLawyer.com

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