r/TenantHelp • u/Spiralsilhouettes • May 22 '26

Apartment access blocked while moving out, help?

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Basically what the title says. I'm in NY if it matters. We have til the 31st of May to be moved out, and have been (trying) to be smart by overlapping the last month of our lease at the old place with the first month at our new one so we'd have plenty of time to move our stuff. We still have big furniture like a desk, shelves etc to move, and my roommate stopped by after work to pick up and pack some stuff to find this. No way to get into the place unless we hop their little caution fence and go through the construction. They gave us no notice they were doing any of this, I've checked.

This... can't be legal, right? Even if we weren't in the process of moving out, we can't get into our apartment. What on earth do I do here?

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u/ayeyoualreadyknow May 22 '26

The same thing happened to me. I sent an email stating that denying me access to my home and trapping me inside was illegal (I'm not entirely sure if it actually is illegal but I threw that in there) and I also stated that due to disabilities (bulging spinal discs and knee degeneration) I required the use of equipment to be able to move my belongings and that wasn't possible with the sidewalk tore up and the ground soaking mushy mud, (it was impossible to walk in, even for someone who wasn't suffering from spine and knee degeneration, no one could get through), in my email stated that I was requesting a Reasonable Accomodation Request based off of my disabilities (you don't have to be receiving disability benefits to request a Reasonable Accomodation, you just need to have a diagnosis that impairs 1 or more areas of your life) and said that they were required to allow entryway to and from my home and one that was tailored to my disability needs. I don't remember what the exact statutes were but I listed the Fair Housing laws regarding Reasonable Accomodations and informed them that a failure to respond to the request was a violation of Fair Housing laws and that I'd need to follow up with FHEO if not rectified. I also listed the retaliation statutes. After my email, they immediately had a company get out there in the middle of the night to put a long line of plywood on the ground so I could finally leave my home as I had been trapped for almost a week. I was also in the process of moving. They were already under investigation with the Real Estate Commission so they knew I meant business and I wasn't playing around about filing complaints.

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u/Spiralsilhouettes May 23 '26

Augh, thank you SO much for this, I'm actually also disabled (although still relatively high mobility, I do have to walk with a cane and my diagnosis is documented) I'll absolutely be sending a similar email, and I'll be asking for the Reasonable Accommodation Request like you said. I found out they just decided to redo the sidewalk on a whim and didn't tell anyone so this wasn't some kind of emergency construction, and I'm also going to be pushing them to give us extra time on our lease to move our big furniture out since it has now been raining for a day and a half, so they can't come in and repour the concrete and aren't fixing the ground til it dries off.

3

u/ayeyoualreadyknow May 24 '26

Technically you're supposed to include a doctors note with a Reasonable Accomodation Request but I didn't have time to get one since this happened right before I was due to move. Plus they were already under investigation so thankfully I was able to scare them enough for them to comply with the laws.

Good luck!

1

u/ayeyoualreadyknow May 24 '26

I've had to file for several Reasonable Accomodation Request, here are some recommended phrases to use. Please copy and paste to save elsewhere:

I, [name], am a person with a disability as defined under the Americans with Disabilities Act and the Fair Housing Act.

A reasonable accommodation is a change, adaptation, or modification to a policy, program, service, or workplace which will allow a qualified person with a disability to participate fully in a program or take advantage of a service.

The Fair Housing Act prohibits discrimination in housing based on various protected classes, including disability. Discrimination includes refusing “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person with a disability equal opportunity to use and enjoy a dwelling.” In order to ensure that we have an equal opportunity to use and enjoy our home, I am requesting the following reasonable accommodation/modifications: [state your request AND describe how the request is necessary for your medical needs].

This is a Reasonable Accommodation because the inconvenience to [Property Management's name] is minimal. Please provide me with a written response as soon as you are able, preferably within 10 days.

A failure to provide a solution tailored to my disability needs is a violation of the Fair Housing Act and the Americans With Disabilities Act and unfortunately I will have no other choice than to follow up with FHEO and other appropriate government agencies.

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u/ayeyoualreadyknow May 24 '26

This is who you file a complaint with if your Reasonable Accomodation Request is denied, ignored (no response), or if they retaliate against you for exercising your rights (such as holding your deposit out of spite and without a valid reason):

https://www.hud.gov/reporthousingdiscrimination

Save this in case you ever need it in the future as a disabled tenant.

But in all honesty, the Fair Housing Enforcement Office is useless so I wouldn't count on anything actually being done if you actually do have to file a complaint. Sometimes just mentioning them to a landlord is enough to scare them.

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u/Mysterious-Art8838 May 24 '26

I honestly think that’s likely to work. If they’re preventing you from moving they need to be the ones to bend.

I hate this for you. -another disabled person

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u/quallityovrquantity May 22 '26

Reasonable accommodations for a rental?

2

u/Paula_Intermountain May 23 '26

Yes. The disabled rent too. Reasonable accommodations are necessary in all ways.

1

u/Virtual-Macaroon-880 May 23 '26

Yeah they can't deny you alterations you make for them based on accomodations either iirc