Albany workshop outlines landlord duties on screening, accommodations and tenant protections

Amanda Arens, Fair Housing Officer for the City of Albany, led a workshop for housing providers that walked through federal, state and local fair-housing protections and practical steps landlords should take to reduce the risk of discrimination claims.

Arens opened by placing the Fair Housing Act of 1968 at the top of the legal framework, then described how New York State’s Human Rights Law, Albany County rules and the City of Albany’s omnibus human-rights ordinance layer additional protections. She said housing providers — including owners, leasing agents, maintenance staff and municipal service providers — must follow those statutes in advertising, screening and day-to-day management.

Why it matters: Arens emphasized that routine business practices can create unlawful barriers. "Anything putting up barriers to people accessing or continuing to stay in housing can be discriminatory," she said. Her presentation focused on screening best practices, how to handle requests for reasonable accommodations and modifications, and tenant protections such as domestic-violence status and good-cause rules.

On screening and documentation, Arens urged providers to adopt written, transparent procedures and to train leasing and maintenance staff. She recommended creating "guest cards" that record the date and time of showings, the price quoted and who worked with a prospect so providers can demonstrate consistent treatment if a complaint follows. Arens also summarized HUD’s principles for nondiscriminatory screening: use only relevant information, rely on accurate records, follow published procedures, be transparent about criteria, provide adverse-action notices and allow applicants to challenge screening reports.

During a question-and-answer exchange, attendees described common small-landlord practices — for example, relying on word-of-mouth referrals and not conducting background checks — and asked how those practices intersect with fair-housing obligations. One participant said most of their tenants arrive through referrals and some do not have documentation; Arens suggested formalizing the informal process in writing and involving a third-party support person when language or documentation barriers exist.

Arens reviewed protected classes and provided examples of discriminatory conduct: steering applicants, falsely claiming a unit is unavailable, charging higher rents to families with children, and refusing emotional-support animals. She cautioned that advertising that excludes vouchers or specific income sources can constitute unlawful source-of-income discrimination and advised letting applicants complete verification rather than preemptively excluding voucher holders.

On disability-related requests, Arens distinguished reasonable accommodations (changes to rules or policies) from reasonable modifications (structural changes). "Accommodations are the housing provider’s responsibility," she said; modifications are generally paid by the person with the disability except where the work concerns common areas. She added that landlords may deny requests only when they impose an undue financial or administrative burden, fundamentally alter the nature of services provided, or are unrelated to the disability.

Arens explained assistance animals (covered under the Fair Housing Act) and service animals (covered under the Americans with Disabilities Act), noting that providers may not require registration or certification and may only impose reasonable restrictions like leash or vaccination rules. Breed/size restrictions cannot be applied to assistance or service animals unless the animal poses a direct threat that cannot be mitigated.

On tenant safety and domestic-violence protections, Arens said victims may be entitled to early lease termination with proper documentation and notice and that landlords who discriminate against victims can face fines and damages under New York law.

Arens closed with practical landlord-tenant reminders: keep rental occupancy permits up to date (renew every 24 months), provide rent receipts when requested and maintain habitability (heat, hot water and safe common areas). She outlined notice periods for lease nonrenewal or rent increases: less than 1 year of tenancy = 30 days' notice, 1 year = 60 days, and 2 or more years = 90 days. She also noted that late fees may be charged after five days (either $50 or 5% of monthly rent, whichever is less) and recommended documenting notices and communications.

Next steps: Arens offered to send the slide deck and HUD example materials to attendees who submitted email addresses and invited providers to contact the Fair Housing Office with follow-up questions.