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ADA

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ADA

Postby simonG » Wed Dec 08, 2021 9:29 pm

NYC landlord entitled to disabled tenant's medical records (proof of disability) because tenant requested ADA reasonable accommodations, or 42 U.S. Code § 3604 or maybe other laws prohibits such practice?
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Re: ADA

Postby BubbaJoe123 » Wed Dec 08, 2021 10:26 pm

Generally, landlords can require proof that there IS the need for an accommodation, but not details on WHY the need exists. So, for example, a letter from a doctor saying that the tenant needs a wheelchair ramp, but not information on what specific condition requires the tenant to use a wheelchair.
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Re: ADA

Postby TenantNet » Wed Dec 08, 2021 10:36 pm

We found a decision and discussion related to a tenant's request for reasonable accommodation to keep an Emotional Support Animal.

Before looking further or posting what we've found, is that the RA you are seeking? Can you provide a bit more detail (not in-depth) what RA is being sought?

What medical records are being sought by the LL (again, nothing in-depth ... do not post here anything that is personally identifiable).

Are you RS or unregulated?

Are you represented by an attorney? Does this involve an active court case? If so, can the judge look at the records in private ("in camera") without revealing the contents to the landlord?

Many years ago I was involved in a case where we sought a minor RA, nothing substantial, but the landlord was being an ass. We gave the medical records to the tenant attorney who then affirmed to the judge that they were real, legit and the accommodation being sought was appropriate in that instance. The judge agreed.

You can also get some information by Googling ""medical records" "reasonable accommodation" landlord tenant"
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Re: ADA

Postby Landlords Boy » Mon Dec 20, 2021 10:48 am

ADA = Americans with Disabilities Act. The ADA deals with handicap access to mostly public places. The federal Fair Housing Act and local laws deal more with tenant rights and reasonable accommodations.
I do have issues with 42 U.S. Code § 3604. Specifically, I can build apartments for specific handicaps but this law prevents me from advertising them, so why should I do it? It's not just a matter of "reasonable accommodation": a bathroom for a paraplegic, for example, needs a considerably different arrangement than a normal one. Doors should be wider, too. These expensive modifications are not "reasonable accommodations" to existing apartments. Why not let me advertise them?
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Re: ADA

Postby TenantNet » Mon Dec 20, 2021 11:11 am

Advertising of building modifications is a whole different topic than what the OP asked, really off-topic. Of course he hasn't given us further info or clarification.

When I think of ADA, I think of the width of bathroom stall doors (public bathrooms) or a ramp to a building entrance making it wheelchair accessible. That's usually new construction and major renovations.

When I think of Reasonable Accommodation, I think of things like allowing a disabled tenant to move into a vacant first floor unit if there is no elevator.

Are you saying that a new building with ADA compliance cannot put something like "ADA compliant" in advertising? I'm sure I've seen ads like that before.
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Re: ADA

Postby Landlords Boy » Thu Dec 23, 2021 5:31 pm

"Are you saying that a new building with ADA compliance cannot put something like "ADA compliant" in advertising? I'm sure I've seen ads like that before."

Are you sure? Example, please. And in any case, the old rules may not apply anymore. I just experienced government-approved "woke" training in another state. One of its tenets is that if you have to advertise a picture of your property with just one person in the photo, that person has to be Black. That sort of thing used to be illegal, now it's the rule.
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Re: ADA

Postby TenantNet » Thu Dec 23, 2021 7:01 pm

No, I can't be certain. That's one of those things one might have seen over time and just sort of not pay attention to it. What's the URL of the regulation that says you can't include "ADA compliant" on an advertisement? Or who appears in an advertisement? I could see suggestions - even incentives - for diversity, but mandates?

It might be that "ADA complaint" is a legal conclusion where something like "wheelchair accessibility" is a fact.
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