However, the landlord may condition permission for a modication on
the tenant agreeing to restore the interior of the premises to the condi-
tion that existed before the modication (42 U.S.C.A. §3604(f) (3).
Tenants with disabilities who need accommodations should notify their
landlord and request the necessary accommodations. ough such a
request is not required to be in writing, it is often helpful should any
dispute arise. A landlord may request documentation from a health care
professional attesting to the disability and describing any functional
limitations that arise. A tenant with a disability who thinks a landlord
has unreasonably refused a reasonable accommodation request should
contact the U.S. Department of Housing and Urban Development
(HUD).
Discrimination
Landlords may not refuse to rent to, renew the lease of, or otherwise
discriminate against, any person or group of persons because of race,
creed, color, national origin, sex, disability, age, marital status or fa-
milial status. In New York City, tenants are further protected against
discrimination with respect to lawful occupation, sexual orientation,
partnership status and immigration status. People with AIDS or who
archive-positive, as well as recovering alcoholics, are also protected
from discrimination. Further, NYC landlords are prohibited from dis-
criminating against tenants based on lawful source of income which
includes income from social security or any form of federal, state or
local public assistance including section 8 vouchers (Executive Law §
296(5); NYC Admin.) Code § 8-107).
Landlords may not discriminate against any person who has children
living with them, by refusing to rent an apartment or by insisting upon
unfavorable lease terms on the basis of the person having children.
However, this restriction does not apply to housing units for senior
citizens which are subsidized or insured by the federal government. In
addition, a lease may not require that tenants remain childless during
their tenancy (Real Property Law §237-a).
An aggrieved party should contact HUD within one year after the al-
leged discriminatory housing practice occurs or ceases. In New York
City, an aggrieved party may le a complaint with the NYC Commis-
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