Service Animals vs. Emotional Support Animals: NY Renters’ Rights

Understanding the differences between service animals and emotional support animals (ESAs) is essential for renters in New York. Both types of animals provide important help to individuals with disabilities, but they are treated differently under the law. This article will explain your rights, official forms, and how to request reasonable accommodations from your landlord.

Understanding Service Animals and Emotional Support Animals

In New York, both federal and state laws offer protections for renters with disabilities who rely on service animals or ESAs. Here’s how they differ:

• Service Animals: Dogs (and in some cases, miniature horses) individually trained to perform tasks for a person with a disability. Covered under the federal Americans with Disabilities Act (ADA) and the New York State Human Rights Law.
• Emotional Support Animals (ESAs): Animals that provide comfort or emotional assistance but are not trained for specific tasks; covered by New York and federal Fair Housing Act guidelines.

Both types of animals may be permitted as reasonable accommodations in housing, even if your lease has a "no pets" policy. However, landlords can request certain documentation and may have the right to deny requests under specific circumstances.

Key NY Renters’ Rights and Responsibilities

• You cannot be charged a pet deposit or fee for a service animal or ESA.
• Your landlord may request medical documentation to support your need for an ESA but cannot ask for details about your diagnosis.
• You must ensure your animal does not pose a direct threat or cause substantial property damage.
• Reasonable accommodation requests should be made in writing, with supporting documents if required.

Important Legislation

• New York State Real Property Law – Governs residential tenancies and tenant rights in New York.
• New York State Human Rights Law – Protects tenants from discrimination based on disability, including rights to service animals and ESAs.
• Fair Housing Act (FHA) – Federal law supporting fair housing and reasonable accommodations.

How to Request an Accommodation

To legally keep a service animal or ESA, you must submit a reasonable accommodation request to your landlord. This process helps protect your rights if a dispute arises.

• Include:
  • A written statement requesting the accommodation
  • A letter from a licensed healthcare provider (for ESAs)
  • Information about your animal's role (service animal or ESA)

Official Forms and Practical Examples

• New York State Division of Human Rights "Reasonable Accommodation/Modification Request Form"
  Request for Reasonable Accommodation/Modification Form (PDF)
  Use when: Submitting a formal request to your landlord for permission to have a service animal or ESA in your rental unit—even if pets are usually not allowed. For example, if your lease prohibits pets but you require an ESA, fill out this form and attach your provider letter before giving it to your landlord.
• Supporting Documentation
  No standardized state form for ESA medical documentation is required, but you will need a letter from a licensed healthcare or mental health professional stating your need for the animal. A provider may use their practice’s letterhead with relevant details.

The New York State Division of Human Rights (NYSDHR) reviews complaints about disability discrimination in housing. If your request has been unfairly denied, you may file a complaint online or download the NYSDHR Complaint Form.

What Landlords Can and Cannot Do

Landlords have rights but must follow fair housing laws:

• May ask for documentation (but not intrusive medical records).
• Cannot refuse accommodation solely because of a "no pets" policy.
• Can deny if the animal poses a threat or causes major damage not related to your disability.

How to File a Complaint If Rights Are Denied

If your landlord ignores or denies your reasonable accommodation request, you can take action:

• File a discrimination complaint with the New York State Division of Human Rights (NYSDHR).
• Official tribunal for tenancy issues in NYC: NYC Housing Court. Outside NYC, use your local housing court or Supreme Court.

Be sure to gather supporting evidence, such as denial letters or emails. NYSDHR investigates and may contact your landlord as part of its process. You can find detailed complaint steps on the official NYSDHR Housing Discrimination webpage.

Frequently Asked Questions

1. Can my landlord charge me a pet fee or deposit for my service animal or emotional support animal?
   No. Under federal and New York law, landlords cannot charge fees or deposits for service animals or ESAs that are approved as reasonable accommodations.
2. What kind of documentation do I need for an ESA in New York?
   You will need a letter from a licensed healthcare or mental health provider stating your need for the animal as part of your treatment.
3. What if my landlord denies my request for an ESA or service animal?
   If you believe the denial is unfair, you can file a complaint with the New York State Division of Human Rights. Keep records of all communications.
4. Does my service animal have to wear a special vest or ID in New York?
   No. Landlords cannot require special vests, certifications, or tags for service animals, though the animal should be under your control at all times.
5. Can a landlord refuse all animals if another tenant has allergies?
   Landlords must balance accommodations but cannot automatically deny your request just because of other tenants’ allergies. Interactive review is required.

Key Takeaways for NY Renters

• Both service animals and ESAs are protected by fair housing laws in New York.
• Landlords must consider reasonable accommodation requests and cannot charge extra fees.
• Documentation is required for ESAs, and you can file a complaint if your rights are denied.

Knowing your rights helps ensure that your housing is both accessible and fair, regardless of your disability or need for animal assistance.

Need Help? Resources for Renters

• New York State Division of Human Rights (NYSDHR) – File discrimination complaints, learn about reasonable accommodations, and access official forms.
• Reasonable Accommodation/Modification Request Form – For submitting requests to landlords.
• NYC Housing Court – Handles landlord-tenant cases in New York City.
• New York Attorney General – Tenants’ Rights Guide – Overview of tenant protections in New York State.

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1. New York State Real Property Law
2. New York State Human Rights Law
3. Fair Housing Act (FHA)
4. NYSDHR Housing Discrimination Complaint Process
5. ADA 2010 Requirements: Service Animals

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