Let your housing provider know that you have an ESA. You have a mental or emotional health issue that limits one or more major life activities. As long as the animal(s) does not violate any state or local laws and your therapist agrees your ESAs are there for your well-being, you can have more than one emotional support animal. affiliated with or endorsed by HUD, the Department of Transportation Did you know that the Fair Housing Act makes it illegal for a landlord to discriminate against a tenant or prospective tenant with an emotional support animal? Once you have qualified for an ESA, you should clear the emotional support animal with your landlord before bringing it home if you live in a building that prohibits animals. What are my rights? Stay up to speed with the current state and Federal laws, because they can change quickly and without warning. “You can’t ask me what my disability is. LaGuardia Airport and JFK Airport are both accessible to emotional support animals. Here are a few commonly-asked questions surrounding emotional support animals and housing: ESA Registration of America is not a governmental agency and is not Fair Housing rules define a disability as a condition that substantially limits a major life activity. Learn more about The Fair Housing Act and Air Carrier Access Act. In addition, the recent legislation that was passed in New York further emphasizes the importance of ESAs and protects the rights of tenants. Examples of disabilities that can qualify for an ESA include: These conditions can also qualify you for an ESA for purposes of air travel. If your depression, anxiety or other mental health issue makes it hard for you to live a normal life, you may qualify for an ESA. Emotional Support Animals in Housing The NYC Human Rights Law protects against disability discrimination in housing, including for people who rely on emotional support animals as a reasonable accommodation for their disabilities. Qualifying in New York is simple: anxiety, depression, insomnia, and stress can qualify you to life with a pet in housing despite no-pet policies! Save my name, email, and website in this browser for the next time I comment. These laws also don’t apply to regular pets. An emotional support animal differs from a … The great news for New Yorkers is that in August 2020, New York passed legislation affirming the rights of tenants with ESAs by prohibiting housing providers from discriminating against anyone who relies on … A landlord, HOA or co-op board can deny your request to live with your ESA if your animal causes significant damage to the property or is determined to be a health or safety threat to other residents. The great news for New Yorkers is that in August 2020, New York passed legislation affirming the rights of tenants with ESAs by prohibiting housing providers from discriminating against anyone who relies on an emotional support animal for assistance. • The animal need not be specially trained as a service animal if it provides physical or emotional support, lessens A landlord is permitted to require some sort of proof of disability as a condition of accommodation, and some sort of proof the animal in question is a trained service animal, though generally he cannot require certification per se . HOWEVER, state and federal law do require that employees with a disability be properly accommodated by the employer. While there are a few exceptions, in many cases, understanding your rights under ESA laws can help you find and secure comfortable housing for you and your emotional support animal. Rental property residents with emotional support animals (ESA) treatment plans only have civil disability rights when ALL the following conditions are met. Qualifying for an Emotional Support Animal Online Via Telehealth Services. Emotional Support Animals are legally prescribed only for mental health disabilities. Services dogs are protected through the Americans with Disabilities Act, and are allowed in areas open to the public and the workplace. If you need to get certified online quickly with a letter from one of our doctors, you have come to the right place! However, as with many of our laws, the details can very across state lines. The ADA is a Federal law and the ruling applies to everyone in the United States. the law applicable in new york city regarding housing discrimination and emotional support animals There are three main statutes under which housing discrimination liability is created in New York City -- the federal Fair Housing Act (“FHA”)(5) and the New York State and New York City Human Rights Laws (“HRL”). Though these changes do take place most of the time, there are some cases where ESA laws might not help. At this point, the employer may be required to allow your ESA at work. Emotional support animals are used to help with disabilities relating to mental and emotional health. You’re purchasing clinical care time to assess, verify, and treat your disability-related need for an assistance animal. There are several fraudulent websites present on the internet with the claim that you need to get your animal registered in their database to make it an Emotional Support Animal. Under U.S. law, an emotional support animal is not a pet and is generally not restricted by species. You can submit a request for an ESA before or after signing your lease. Tenants in New York with emotional support animals have a right to confidentiality when it comes to sensitive information regarding their need for an ESA. I have a 70-pound Labrador retriever that is my emotional support animal. An emotional support animal is treated as an assistive aid, and as such, under the Fair Housing Amendments Act of 1988, an emotional support animal is viewed as a “reasonable accommodation” in a premise that has a no pet policy. If you’re a New Yorker and think you could benefit from an emotional support animal, it’s worth having a discussion about it with your therapist or doctor – your mental health could depend on it. The number of emotional support animals you have must also make sense. Learn more about these specialized companion animals. Emotional support animals (ESAs) provide essential support to emotionally or mentally distressed individuals. My heart is broken over there lose of my support dog of 10 yrs IAM disabled and can’t afford much to adopt one so I am in search of dome that may beable to help me or put me in a good direction I would be so greaful thankyou. HOWEVER, state and federal law do require that employees with a disability be properly accommodated by the employer. Qualify for an ESA by obtaining an ESA letter from a NY licensed professional. What type of animals qualify to be an emotional support animal? In the case of certified and registered emotional support animals in New York, it means that a mental health professional has recognized your disability and signed off on your need for emotional support. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 Emotional support animals do not have an automatic legal right to be accommodated in the workplace in New York. Some landlords may require additional forms along with the ESA letter that your healthcare professional can complete. If the disabled person’s needs are exclusively in a residential setting, any legal species (cats, dogs, mice, rabbits, birds, hedgehogs, ferrets, etc.) Landlords in New York cannot require you to divulge private medical information. In those situations, the landlord’s interest in maintain the safety of the community would outweigh the tenant’s interest in having a potentially dangerous support animal. If you’re ever unsure about the legal status of your emotional support animal, you can always check our website for important updates as we hear about them. Housing With An Emotional Support Animal The Fair Housing Act does not require that support animals be individually trained or certified, however, individuals who are requesting protection for support animals must follow specific rules. right to live with your emotional support animal in rental units, condos, co-ops, How to Fly with a Dog – Tips on Traveling with your Emotional Support Animal, Emotional Support Animals in College Dorms, Airline Requirements for Traveling with an Emotional Support Dog, Top 5 Rodents as Emotional Support Animals.