A landlord in New York can evict a disabled person, but only for a legitimate reason that has nothing to do with the disability, and only after following every notice and accommodation step the law requires. Disability by itself is never a lawful ground for eviction. The Fair Housing Act, the New York State Human Rights Law, and the state’s 2024 Good Cause Eviction Law each add protections that make removing a disabled tenant harder than most landlords expect, and a landlord who skips the required accommodation process risks having the case thrown out.
Disability Itself Is Never a Lawful Ground
The Fair Housing Act makes it illegal to refuse to rent, set different terms, or otherwise make housing unavailable because of a person’s disability.1Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing Protection also extends to people associated with a disabled person, so a landlord cannot target a tenant because a child or other household member has a disability.
New York’s Human Rights Law goes further. Executive Law §296(18) makes it unlawful for a housing provider to refuse reasonable accommodations in rules, policies, or services when the accommodation is needed for a disabled person to have equal opportunity to use and enjoy the home.2New York State Senate. New York Executive Law 296 – Unlawful Discriminatory Practices The state definition of disability is also broader than the federal one: it does not require that an impairment “substantially limit” a major life activity, so conditions that might not qualify federally still qualify under New York law.3New York State Senate. New York Executive Law 292 – Definitions
What this means in practice: a landlord cannot evict a tenant because of behavior, appearance, needs, or costs that are tied to the disability itself. If disability is the real driver of the eviction, the case is unlawful, regardless of how the landlord dresses it up in the papers.
Reasons a Landlord Can Still Evict
Disability is not immunity. Under New York’s Real Property Actions and Proceedings Law §711, a landlord can still pursue eviction for legitimate reasons, provided none of them are pretexts for disability discrimination. The common grounds:
- Nonpayment of rent, after a written demand giving at least 14 days to pay or surrender the apartment.4New York State Senate. New York Real Property Actions and Proceedings Law 711 – Grounds Where Landlord-Tenant Relationship Exists
- Holdover after a lease ends without the landlord’s permission. In units covered by Good Cause Eviction, expiration alone is not enough; the landlord still needs one of the law’s recognized grounds.
- Persistent violation of a substantial lease term, such as unauthorized occupants or illegal activity on the premises.
- Nuisance behavior that repeatedly and seriously interferes with the health, safety, or comfort of other tenants or the landlord.
Pretext is where these cases often turn. If a landlord tolerates the same lease violation from other tenants but pursues eviction only against a disabled tenant, that pattern supports a discrimination defense. Courts examine whether the stated reason is genuine or a cover.
The Accommodation Step That Comes First
When a tenant’s disability is connected to the problem the landlord is complaining about, the landlord is expected to consider a reasonable accommodation before filing. This is where many eviction cases against disabled tenants are won or lost.
A reasonable accommodation is a change to a rule, policy, practice, or service that lets the tenant remain in housing. The tenant must have a qualifying disability, the accommodation must be necessary because of that disability, and it must not create an undue financial or administrative burden or fundamentally alter the landlord’s operations.1Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing The request can be made orally or in writing, and a landlord cannot deny it because the tenant did not use a particular form.
Common examples include allowing an assistance animal in a no-pets building, providing a reserved accessible parking space, transferring a tenant to a ground-floor unit, or granting extra time to correct a lease violation caused by a disability-related crisis. Installing grab bars is reasonable. Constructing an elevator in a walk-up is almost certainly not.
Both sides are expected to engage in a good-faith dialogue, sometimes called the interactive process. It can happen by letter, email, phone, or in person. What matters is that the landlord actually participates rather than ignoring the request and filing a petition. If the landlord cannot grant the specific accommodation asked for, they should propose an alternative. Judges look closely at whether the landlord explored every reasonable option before resorting to court. A landlord who skips this step hands the tenant a powerful defense.
Assistance Animals
Assistance animals, including emotional support animals, are among the most frequent accommodation requests. Landlords must waive a no-pets policy when the tenant’s disability creates a need for the animal, and they cannot charge a pet fee or deposit for one.5HUD. Fact Sheet on HUD’s Assistance Animals Notice If the disability and the need are obvious, the landlord should not ask for paperwork. Where they are not apparent, the landlord may ask for a letter from a licensed healthcare professional confirming the disability and the therapeutic benefit. Landlords cannot demand a specific diagnosis, require the animal to be trained, or rely on the “ESA registration” certificates sold online; HUD has said those are not enough to establish a disability-related need.
Hoarding and Similar Situations
Since the American Psychiatric Association recognized hoarding disorder in 2013, a tenant whose hoarding stems from a mental health condition can qualify as disabled under fair housing law. A landlord does not have to tolerate fire hazards or pest infestations forever, but they do have to explore accommodations first. Typical options include extra time to address the clutter, a connection to social services or a professional organizer, or a phased cleanup plan. If the tenant refuses to engage or the situation is an immediate safety risk that no accommodation can resolve, the landlord can proceed; skipping the interactive process almost guarantees a successful discrimination defense.
Good Cause Eviction Adds Another Layer
New York’s Good Cause Eviction Law, effective April 20, 2024, gives disabled tenants in market-rate housing extra ground to stand on. The law requires landlords in covered unregulated units to prove a “good cause” reason for eviction, and tenants can raise the law as a defense.6NYC.gov. Good Cause Eviction
One provision is aimed squarely at older and disabled tenants. A landlord who wants to evict so that the owner or a family member can move in cannot use that ground if the tenant is 65 or older or has a disability.6NYC.gov. Good Cause Eviction Owner-occupancy is off the table.
The law also limits rent-hike-driven evictions. A rent increase is presumed unreasonable if it exceeds 5% plus the annual change in the Consumer Price Index, capped at 10% total.7New York Attorney General. New York State Good Cause Eviction Law A disabled tenant on a fixed income who refuses to pay an above-threshold increase has a real defense if the landlord then sues for nonpayment.
Federally Assisted Housing Has More Steps
Tenants in public housing or project-based Section 8 have an additional shield: Section 504 of the Rehabilitation Act, which bars disability discrimination in programs receiving federal funds.8Office of the Law Revision Counsel. 29 USC 794 – Nondiscrimination Under Federal Grants and Programs A private landlord who simply accepts a Housing Choice Voucher is generally not covered by Section 504, though the Fair Housing Act and state law still apply.
Before filing for eviction, a Public Housing Authority generally must offer an informal settlement meeting. If that does not resolve the dispute, the tenant can request a formal grievance hearing before an impartial officer, examine documents, bring a representative, present evidence, and cross-examine witnesses. The PHA must also provide accommodations throughout that process. Only after this internal path is exhausted can the PHA proceed to court.
Notice and Court Procedure
Every eviction in New York starts with proper notice, and procedural mistakes are fatal. For nonpayment, the landlord must serve a written rent demand giving at least 14 days to pay or vacate, and that demand must now state whether the unit is covered by Good Cause Eviction and, if so, explain the basis for any rent increase.4New York State Senate. New York Real Property Actions and Proceedings Law 711 – Grounds Where Landlord-Tenant Relationship Exists Holdover notice periods depend on the length of occupancy and the type of tenancy, with longer notice for tenants who have lived in the unit more than a year.
If a notice is served improperly, uses the wrong time period, or omits the Good Cause Eviction disclosure, the court can dismiss the case. These defects are among the easiest defenses for a tenant to raise.
After the notice period expires, the landlord files a petition in Housing Court in New York City or the local court elsewhere in the state. At the hearing, a tenant can argue that the landlord failed to make a required accommodation, that the notice was defective, that the eviction is retaliatory, or that the violation never happened. In disability cases, judges pay close attention to whether the landlord went through the interactive process.
Even if the landlord wins, the tenant is not necessarily out. Under RPAPL §753, a court can stay the warrant of eviction for up to one year if the tenant shows that finding comparable housing in the neighborhood would cause extreme hardship. The statute directs the court to weigh serious health problems, worsening of an ongoing condition, and a child’s enrollment in a local school.9New York State Senate. New York Real Property Actions and Proceedings Law 753 A disabled tenant who would face medical harm from sudden displacement has a strong argument here. The stay requires the tenant to deposit ongoing rent with the court.
Retaliation After a Complaint or Accommodation Request
New York creates a rebuttable presumption that an eviction is retaliatory if the landlord files within one year of the tenant exercising certain legal rights, such as filing a good-faith complaint with a government agency about health or safety or enforcing rights under the lease or the warranty of habitability.10New York State Senate. New York Real Property Law 223-b – Retaliation by Landlord Against Tenant For a disabled tenant who has just requested an accommodation, filed a discrimination complaint, or reported an accessibility-related code violation, that presumption matters. The landlord then has to prove a legitimate, non-retaliatory reason by a preponderance of the evidence. If the court finds retaliation, it can dismiss the case and award the tenant damages and attorney’s fees.
What to Do If You Are Facing Eviction
Get legal help early. In New York City, tenants facing eviction in Housing Court can qualify for a free attorney through the Right to Counsel program if household income is at or below 200% of the federal poverty level, roughly $29,160 for a single person or $60,000 for a family of four. The program covers both nonpayment and holdover cases regardless of immigration status, and NYCHA termination proceedings are included.11New York State Unified Court System. Free Lawyers for Tenants – Right to Counsel – NYC Housing Court Outside the city, legal aid organizations serve tenants who meet similar income guidelines. A reasonable-accommodation defense is far more effective when raised before a judgment than after one.
You can also file a disability discrimination complaint with the New York State Division of Human Rights within three years of the most recent discriminatory act, by phone at (844) 697-3471, online, or by mail.12Division of Human Rights. Report Discrimination Filing a complaint with HUD or a private lawsuit is also possible. None of these options are mutually exclusive with defending the eviction in Housing Court; a tenant can do both at once, and the discrimination complaint creates a separate record that can support the defense.
If the case ends with a money judgment for back rent, know that Social Security Disability Insurance and Supplemental Security Income benefits are shielded from garnishment by private creditors under federal law. Section 407 of Title 42 says Social Security payments cannot be subject to execution, levy, attachment, or garnishment.13Office of the Law Revision Counsel. 42 USC 407 – Assignment of Benefits The protection applies to the benefits themselves; once deposited in a bank account, the funds can become more vulnerable depending on the circumstances.