Many landlords in New York like to ban animals in their apartments. They’re worried about the damage the animals may cause or disruptions to other residents.
However, under the New York Human Rights Law, disability discrimination is illegal. This applies to those who suffer from a disability and have an emotional support animal that helps them treat it. A landlord cannot discriminate against someone because they have an emotional support animal, nor can they deny them housing on those grounds.
This doesn’t mean they are required to choose a tenant with an emotional support animal out of multiple applications, but the ESA can’t be the reason that they choose someone else. That would be discriminatory.
What if the landlord doesn’t think it’s necessary?
One key thing to remember is that the law protects those with confirmed disabilities, but a landlord may not think that it is “readily apparent” that the person even has a disability to begin with. On top of that, the landlord may not be sure how the animal supports them or helps with this disability.
In cases like this, landlords may be able to speak with primary care providers. They can provide a statement showing what disability the person has and how the emotional support animal is beneficial to them.
Are there any exceptions?
There are some exceptions to this rule. First and foremost, if the animal is damaging the apartment, then the landlord may be able to show that it is causing an undue hardship. Additionally, landlords are not required to accept any type of pet as an emotional support animal. It has to be a pet that has that specific qualification. Just because a tenant calls their dog an ESA doesn’t necessarily mean it’s true.
Conflicts over pets are common, and disability issues – or discrimination allegations – can make things very complex. Those involved need to know about their legal options.