All personnel shall make reasonable accommodations in rules, policies, practices or services, including potential physical changes to an apartment or building, when such accommodations may be necessary to afford housing applicants and tenants with a disability equal opportunity to use and enjoy a dwelling. If an accommodation would effectively meet the person’s disability-related needs and is reasonable, it must be granted. An accommodation is not required if the request is not made by or on behalf of a person with a disability, if there is no disability-related need for the accommodation, or if the change would fundamentally alter a program, create an undue financial and administrative burden, or fundamentally alter the nature of the landlord’s operations.
Requests for reasonable accommodations should be made in writing by the tenant or applicant, or their representative, but if the individual cannot submit a written request, personnel should write down the request and have the individual sign it. Any physical work performed in response to the request should be documented in a standard written work order. Whether a reasonable accommodation request is granted or denied, the final determination and all communications with a resident about the request should be memorialized in writing.
All requests for reasonable accommodations during lease-up will be reviewed by the Director of HUD Compliance, the Director of Marketing, and the Sr. V.P. of Operations. Reasonable accommodation requests after lease-up will be reviewed by the Property Manager and the Sr. V.P. of Operations. All requests should be processed within 30 days, and any work should be completed within 90 days.
If a requested accommodation is not required pursuant to the NYC Human Rights Law, personnel should attempt to explore an alternative accommodation acceptable to the individual and the landlord that would effectively address the individual’s disability-related needs. If the request is denied, personnel should provide the individual with a dated letter stating the reason for the denial. If the individual disagrees with a denial or suggested alternative, the individual may submit an appeal in writing to C&C within 30 days of the denial. The appeal should state the accommodation requested and explain why that accommodation is needed. It should also state any alternative accommodation offered and explain why it would not be satisfactory to the resident. Upon receipt of the appeal, a person trained in fair housing and reasonable accommodations, other than the person who made the initial determination, will review all information relevant to the appeal. A written response to the applicant/tenant will be issued within two weeks of receipt of the appeal, and every effort will be made to resolve the issue satisfactorily within the fair housing regulations and accommodation guidelines.
If an individual with a disability believes a request for reasonable accommodation has been unreasonably delayed, denied unlawfully, or that he or she has otherwise been discriminated against on the basis of a disability, then he or she may file a complaint by writing or calling NYC at 311 or any of the appropriate governmental agencies.