Living in New York can be rewarding, but it isn’t without its challenges, especially when it comes to finding an affordable rental – or a good tenant.
For renters who rely on service dogs or emotional support animals (ESAs), navigating the rental market can seem even more complicated. There are a lot of rentals that discourage or forbid pets entirely. Landlords, too, are often unsure about their obligations or rights when it comes to this issue. Here’s some helpful information:
What’s the difference between a service dog and an emotional support animal?
Service dogs are dogs that are specifically trained to perform tasks for people with disabilities. For example, a person with a service dog might help someone with visual impairments navigate the streets, or help a deaf person know when someone is at the door or there’s an alert they need to check. Service dogs are permitted to accompany their owners in all public spaces and rentals.
Emotional support animals are not necessarily dogs (although they often are), and they are not trained to perform specific tasks. Their primary role is to provide comfort and emotional support to people with chronic conditions like anxiety, depression or post-traumatic stress disorder. ESAs are (contrary to popular belief) protected under the Fair Housing Act (FHA), so they can be kept by renters in buildings even with strict no-pet policies.
In addition, the New York State Human Rights Law further enforces the right of tenants to keep both service dogs and ESAs. Landlords are not permitted to charge additional fees for either type of animal, but they may hold the tenant responsible for any damages caused by their service dog or ESA.
Finally, while landlords can ask for documentation to verify the need for the service dog or ESA, they cannot request details about your medical condition. A letter from a medical provider stating that you need the animal for your emotional or physical well-being is sufficient.
If you find yourself at an impasse over a service dog or an emotional support animal, legal guidance may help you resolve the matter as quickly and easily as possible.
