Landlords and their tenants have many opportunities for conflict in their relationships. Maintenance issues, rent increases and even changes in roommates could potentially trigger disputes. In some cases, policies regarding pets or companion animals can also lead to conflict.

Many landlords in New York have animal-free dwelling units. They may maintain that policy out of respect for those with allergies or to avoid damage to their units. Tenants may resent no-pet policies, as they limit their opportunities for housing. In some cases, those living in a unit already or applying for rental housing may ask a landlord to accommodate an emotional support animal.

Can a landlord refuse to allow a tenant to keep an emotional support animal at their property?

Assistance animals have legal protection

State statutes in New York expand the basic protections for people with disabilities enshrined in federal law. The Americans with Disabilities Act (ADA) requires that landlords fulfill requests for reasonable accommodations based on medical necessity. Service animals, including specially-trained dogs and miniature horses, have protection under the ADA.

New York state law takes the matter a bit further. Under the New York State Human Rights Law, tenants can request to live with assistance animals. These assistance animals help mitigate disabling medical conditions, including mental health disorders.

As such, emotional support animals could include other species, such as cats, birds and even reptiles. Generally speaking, landlords cannot prohibit emotional support animals or registered service animals by referencing a no-pets policy. Landlords who allow pets with an extra deposit or rental fee typically cannot assess those fees for service animals or other forms of assistance animals, including emotional support animals.

If there is an existing tenant with an allergy and a multi-tenant unit, the landlord may need to move the tenant requesting accommodations for the animal to prevent allergen exposure for a tenant who cannot be in close proximity to pet dander. Landlords generally need to balance the needs of the tenant with the allergies with the tenant who requires the support of an assistance animal.

Refusing to accommodate assistance animals may be a violation of a tenant’s rights and could lead to lengthy disputes between landlords and their tenants. Both landlords and tenants may require support while navigating a dispute related to an emotional support animal, and that’s okay.