Check your lease before acquiring a pet if you are currently a tenant. If your lease stipulates that you must obtain permission in writing from your landlord before adding or keeping a pet, be sure to do so and keep a copy for your records. Your landlord might simply include a provision or an addendum in your lease. Make sure to sign the modification with your landlord’s initials and the date. If your landlord won’t let you have a pet, wait until you move to an apartment that allows pets. (From our blog: Be sure to Defend Your Rights and Document Them.)
Make sure you have written permission to have a pet before moving into a new apartment.
Interpreting the rules of having a service animal
It’s confusing to know which details to use when a property manager tries to forbid you from having a service animal because there are three different definitions. Starting with the Fair Housing Act and applying the A D. A. as a backup to solidify your position.
Which Public Accommodations Must Allow Service Animals in New York?
The definition of a public accommodation under New York law is very broad. It includes:
According to the ADA, a public accommodation includes a wide range of facilities, such as:
Keep in mind that if the public establishment you wish to enter with your service animal is listed on either of these lists, you are permitted to bring your dog.
What Health Conditions Qualify for an ESA in New York?
A licensed healthcare professional must determine that you have a disability in New York that is aided by the presence of an emotional support animal in order for you to be eligible for one. According to fair housing laws, a disability is a condition that significantly limits one or more major life activities. For people with disabilities affecting their mental and emotional well-being, emotional support animals are used.
Examples of disabilities that can qualify for an ESA include:
You may be eligible for an ESA if your mental health condition makes it difficult for you to lead a normal life due to depression, anxiety, or another condition. To demonstrate to your landlord that your animal companion is an ESA if you qualify, your licensed healthcare provider can provide you with an ESA letter.
FAQ
Can you charge a pet deposit for a service animal in Texas?
No. Landlords are not allowed to charge an assistance animal any kind of fee, add on extra rent, or require a pet deposit. The Fair Housing Act guarantees this protection.
Do landlords have to accept emotional support animals NYS?
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.
Can you ask for proof of service dog in New York?
In New York, if it’s unclear, a public establishment may ask you if your dog is a service animal and may charge fees or require documentation. However, it’s possible that you won’t need to provide documentation to prove that your animal qualifies as a service animal.
When can a landlord legally reject an ESA in NYS?
1. The Pet is Dangerous. Landlords can reject an ESA if the animal is dangerous. The landlord may specifically refuse the request if the pet has a history of assaulting others or acting in a way that poses a danger to others.