Frequently Asked Questions
Q: Where can I find information on home safety for people with dementia?
A: The following is a list of comprehensive guides on home safety that identify potential problems in the home and offer possible solutions.
Home Safety for People with Alzheimer's Disease
"The Caring Home Booklet: Environmental Coping Strategies for Alzheimer's Caregivers " is available on-line at www.homemods.org in the library section.
For a short handout on home safety, we (GEM) recommend the following documents by the Alzheimer's Association:
Q: What types of home modification and adaptive equipment does Medicare pay for?
A: Unfortunately, Medicare pays for only "durable medical equipment" that is considered "medically necessary". For example, Medicare
does not pay for grab bars or bath seats as these are considered "convenience items". Examples of covered items are wheelchairs,
walkers, and hospital beds. To learn more about what Medicare does and doesn't pay for, please go to our write-up on Medicare
coverage.
Q: What safety hazards should I look for when conducting a home safety evaluation?
A: GEM has a home safety assessment form
that can guide you in both detecting environmental hazards and finding possible solutions. On our
website, we also have an excellent fall safety assessment from the Centers for Disease Control.
Q: Is a tenant allowed to make modifications to their rental apartments?
A: The federal law Fair Housing Amendments Act (FHAA) mandates that landlords must allow tenants with impairments to make "reasonable"
modifications in both common use areas and in private apartments. Residents of New York City are also covered under NYC's Human Rights
Law, one of the most comprehensive in the country. NYC's Human Rights Law requires the landlord to provide and pay for "reasonable
accommodations" (next question), which can include structural changes.
What is deemed "reasonable" will vary from situation to situation. The law takes into account the nature and cost of the accommodation and the financial resources of the landlord. "Under the NYC Human Rights Law, a landlord must accommodate the needs of a person with a disability, including paying for structural changes, if the accommodation is deemed reasonable". "Reasonable Accommodations" can also involve changes in policy or rules, such as permitting a tenant who is blind to have a guide doe even though the building has a "no pet" policy.
What is deemed "reasonable" will vary from situation to situation. The law takes into account the nature and cost of the accommodation and the financial resources of the landlord. "Under the NYC Human Rights Law, a landlord must accommodate the needs of a person with a disability, including paying for structural changes, if the accommodation is deemed reasonable". "Reasonable Accommodations" can also involve changes in policy or rules, such as permitting a tenant who is blind to have a guide doe even though the building has a "no pet" policy.
Q: What are considered "reasonable" modifications that tenants are allowed to make to their individual dwelling units?
A: Examples of reasonable modifications include:
If you plan to modify the unit in a way that would affect the usability of the space by a future tenant (such as replacing the bathtub with a walk-in/roll-in shower) the landlord may require you to pay into an escrow account the amount estimated for the restoration. The widening of doorways would not have to be restored as this modification would not effect the next tenants' use of the apartment.
New York City's Commission on Human Rights brochure, "Reasonable Accommodation in Housing Is the Law", describes the law and lists examples of possible accommodations and environmental modifications that tenants can make. To obtain a copy, contact the Commission on Human Rights at 212-306-7530.
- installing grab bars in the bathroom
- installing special faucets
- widening doorways
- installing wheel-in showers
- lowering countertops
If you plan to modify the unit in a way that would affect the usability of the space by a future tenant (such as replacing the bathtub with a walk-in/roll-in shower) the landlord may require you to pay into an escrow account the amount estimated for the restoration. The widening of doorways would not have to be restored as this modification would not effect the next tenants' use of the apartment.
New York City's Commission on Human Rights brochure, "Reasonable Accommodation in Housing Is the Law", describes the law and lists examples of possible accommodations and environmental modifications that tenants can make. To obtain a copy, contact the Commission on Human Rights at 212-306-7530.
Q: What should I do if my landlord refuses me permission to make changes to my apartment?
A: The NYC Commission on Human Rights has a brochure, "Reasonable Accommodation in Housing Is the Law", that describes the landlord's
legal responsibilities regarding a tenant's right to make reasonable changes to both the public and private areas to accommodate their
disability. If the landlord is denying you or a client permission to make modifications, GEM recommends that you give him/her a copy of
their brochure. To obtain a copy, contact the Commission on Human Rights at 212-306-7530.
After receiving the brochure, if the landlord still refuses permission, contact the Commission on Human Rights at 212-306-7450. If they decide your situation has legal merit, they will contact the landlord and inform them of your legal rights. If the landlord is still not willing to accommodate your requests, NYC Human Rights Commission will then refer the case to the Office of Administrative Trials and Hearings, where it will be prosecuted before an administrative law judge. "At any time during the course of a proceeding, if appropriate, a settlement agreement may be reached. After trial, the judge will issue a Report and Recommendation: if the judge determines that the respondent engaged in unlawful discrimination, he or she will recommend appropriate remedies, which may include the imposition of civil penalties of up to $100,000. A panel of commissioners will review the decision of the judge and will issue a Decision and Order in the case. A Decision and Order can be appealed to the State Supreme Court." This information is directly from NYC's Commission on Human Rights web page on "How to File a Compliant" at http://www.ci.nyc.ny.us/html/cchr/home.html.
After receiving the brochure, if the landlord still refuses permission, contact the Commission on Human Rights at 212-306-7450. If they decide your situation has legal merit, they will contact the landlord and inform them of your legal rights. If the landlord is still not willing to accommodate your requests, NYC Human Rights Commission will then refer the case to the Office of Administrative Trials and Hearings, where it will be prosecuted before an administrative law judge. "At any time during the course of a proceeding, if appropriate, a settlement agreement may be reached. After trial, the judge will issue a Report and Recommendation: if the judge determines that the respondent engaged in unlawful discrimination, he or she will recommend appropriate remedies, which may include the imposition of civil penalties of up to $100,000. A panel of commissioners will review the decision of the judge and will issue a Decision and Order in the case. A Decision and Order can be appealed to the State Supreme Court." This information is directly from NYC's Commission on Human Rights web page on "How to File a Compliant" at http://www.ci.nyc.ny.us/html/cchr/home.html.
Q: My client recently had a stroke and is now using a wheelchair. The building he lives in is not accessible; there are three steps at
the buildings' entrance. Is his landlord required to pay for and build a ramp?
A: The City's Human Rights Law may require landlords (and coop/condo boards) to build ramps to accommodate a tenant's disability, if
the cost is not an undue financial hardship for the landlord. For more information, contact the New York City Commission on Human
Rights at (212) 306-7500.
Q: What are the best locations for installing grab bars in the bathtub area?
A: The placement of wall-mounted
grab bars depends on many factors: bathtub placement, wall structure, plumbing layout, user's physical characteristics, method of
bathing (full emersion or shower). Please see our write-up on General Guidelines for Grab Bar Locations for more information.
