When tenants are considering owning a service dog, they must understand the rules and regulations. This is especially true when it comes to landlords and their right to ask for proof of a service dog. Many individuals are unaware of the laws and rights landlords have, making it important to understand the key details. This blog post will provide an overview of the legal rights of landlords in requesting proof of a service dog as well as how tenants can provide the necessary documentation. Through this information, tenants will be able to make an informed decision when considering whether or not to own a service dog. Additionally, landlords can learn how to properly assess a tenant’s request for a service animal and understand what documentation is necessary to verify the animal’s status. By having an understanding of the legalities and procedures associated with owning a service dog, tenants and landlords will be able to protect their rights.
New York Service Dog in Training Laws – State Laws
If you didn’t already think there were enough regulations, New York State also has laws governing service dogs. In New York State, service dogs in training have the same legal privileges as service dogs who are fully trained.
Extra Fees & Deposits For Service Animals
In New York, no “covered entity” (as defined by the ADA) may impose additional charges, deposits, or surcharges for service animals.
However, if a service animal damages property, a fee may be assessed as long as non-disabled people’s pets are also routinely subject to fees for comparable damages.
Do landlords have to allow service dogs or companion animals? Learn about accommodation requirements and exclusions for service dogs and emotional support animals.
Get quick support from real lawyers.
For the properties they rent, landlords and property managers typically enforce pet policies. However, fair housing laws may compel landlords to offer reasonable accommodations, including service animals, to tenants who are disabled. Service animals are not considered “pets,” so they are not subject to the same restrictions as other pets.
FAQ
Can you make someone prove they have a service dog?
A person cannot be asked to “prove” that their dog is a service animal in a public place. It is not necessary for a service dog to be registered, certified, or otherwise designated as such.
Can a landlord require documentation for a service dog California?
(See, California Food & Agriculture Code § 30851. (If you’re looking for housing with a reasonable accommodation for an assistance animal, your landlord or homeowners association may require proof of your disability and the necessity of the animal for your disability.
Is it illegal to ask for service dog papers in NY?
A provider of public accommodations is prohibited from inquiring about the type or severity of a person’s disability or from demanding documentation of the animal’s certification.
Can a landlord deny an emotional support animal in New York?
A. Yes. As a reasonable accommodation for a disability, housing providers, including shelters and other types of temporary or supportive housing, must allow residents to keep emotional support animals unless doing so would put an undue burden on the housing provider.