Tenant Requests Accommodation Under ADA

Landlord asked the DHCR if it was entitled to a 1/40th improvement increase if it had to make an installation to accommodate a disabled person. In an opinion letter, the DHCR said yes. The DHCR noted that while landlord may be authorized or required to make installations under the Americans with Disabilities Act or other law, rent can't be increased by 1/40th without the occupying tenant's written consent. But since it would be unfair not to compensate landlord in these circumstances, tenant's written request for ADA accommodation would be considered a written consent to the rent increase, as long as landlord explains to tenant that there will be a rent increase.

DHCR Opin. Ltr. by Charles Goldstein (11/12/02) [2-pg. doc.]