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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 18091
Experience:  B.A.; M.B.A.; J.D.
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My landlord was notified of my need for disability

Customer Question

My landlord was notified of my need for disability accommodation in writing by my Dr. on 10/5. She told me she had mailed me a letter with her "resolution;" today she acknowledged that she did not. On Wed. the use of bleach in the common hallway created significant health issues for me. I was waiting to see her letter before responding with my own; I now want a written copy of the notification given to tenants ASAP before I have any further health complications.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

I am very sorry to hear that you unduly suffered. What information were you looking for? Are you confirming the accommodation requirement?

Customer: replied 4 months ago.
are you familiar with NY state law? I had requested the attorney I worked with prior b/c he was, and was already famiilar with my issue
Customer: replied 4 months ago.
on the topic of accommodation, it is very physically difficult to type but the call costs $59 extra. Justanswer.com should reconsider their policy which discrimates against people with disabilities.
Expert:  legalgems replied 4 months ago.

I'm sorry; that request did not come through; I will opt out so s/he can assist you further. Please do not respond to this as that will result in the prior expert from assisting you; Thank you.

Expert:  Phillips Esq. replied 4 months ago.

A different Professional. I a New York licensed Attorney.

I am sorry to read about your difficulties.

If a notice was allegedly sent to all Tenants by the Landlord, but you did not receive the Tenant, you need to specifically make a request to the Landlord to deliver that notice to you without further delay.

If you have made a request for reasonable accommodation, the Landlord must grant the request if providing reasonable accommodation would not cost the Landlord undue expense. If the reasonable accommodation would not cost the Landlord undue hardship, but the Landlord refuses to grant your request for reasonable accommodation, you can file complaint with HUD. Click here for the complaint information.

Goodluck with your case,

Customer: replied 4 months ago.
Thank you for your reply. She told me she has "informed" the tenants; I would like to see exactly what she said in writing in order to confirm 1. that it is adequate and 2. that they actually received it. She does not seem to have a clear sense of my illness or rights. So my remaining Q's : 1. what is a reasonable timeframe for demanding this written notice; 2. does my right to disability accommodation override my neighbor's right to religious practice (they burn incense b/c they are Buddhist); and 3. If she received notice in writing from my Dr. is that adequate or do I also need to make request for the accommodation in order to be able to file a complaint? I thought the appropriate dept to complain to was HPD, not HUD
Expert:  Phillips Esq. replied 4 months ago.

Thank you for the information. Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Expert:  Phillips Esq. replied 4 months ago.

Thank you for your reply. She told me she has "informed" the tenants; I would like to see exactly what she said in writing in order to confirm 1. that it is adequate and 2. that they actually received it. She does not seem to have a clear sense of my illness or rights. So my remaining Q's : 1. what is a reasonable timeframe for demanding this written notice;

Response 1: Two weeks.

2. does my right to disability accommodation override my neighbor's right to religious practice (they burn incense b/c they are Buddhist);

Response 2: This is a tough one. It depends on your disability and whether or not the religious practice puts your health or safety in jeopardy.

and 3. If she received notice in writing from my Dr. is that adequate or do I also need to make request for the accommodation in order to be able to file a complaint?

Response 3: You, the Tenants need to make a written request for reasonable accommodation.

I thought the appropriate dept to complain to was HPD, not HUD

Response 4: HUD is the proper agency to complain to.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Customer: replied 4 months ago.
Thank you for the fast response. I can't 2 weeks; even one expose, like the bleach incident the other day, sets my health back considerably. Each exposure becomes more dangerous. The incense smoke is very definitely putting my health in jeopardy and was specifically named in the letter sent by my Dr. on 10/5. I was told by another lawyer on justanswer.com that anyone in NYC is entitled to smoke-free housing which covers incense, and that I should complain to HPD. I don't know who or what to believe now, only that I have a very serious health issue that needs to be addressed immediately.
Expert:  Phillips Esq. replied 4 months ago.

If you cannot wait for two weeks, then you need to send urgent notice to the Landlord to send you the notice immediately without further delay.

You can complain to HPD. HUD has jurisdiction over fair housing and disability issues, which deal with reasonable accommodation. However, this jurisdiction is concurrent with some state and local agencies with similar departments.

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