Can a NYC Co-op or Condo Deny an Emotional Support Animal?

NYC co-ops and condos with a no-pet policy must still permit emotional support animals. Refusing to accommodate an emotional support animal (ESA) is a potential fair housing violation. We discuss all aspects of emotional support animals as it relates to NYC co-ops and condos in this article.

According to American Humane, “Emotional support animals are companion animals who help their owners cope with the challenges associated with emotional and mental health conditions (such as depression and anxiety) by providing comfort with their presence.”

Moreover, “Unlike service and therapy dogs, emotional support animals are not expected to perform specific tasks related to their owner’s condition, nor must they adhere to any behavior standards or training.”

The only requirements for an emotional support animal is that it is reasonably well behaved, house trained and doesn’t pose a nuisance or threat to others.

Here are some scenarios under which which a an emotional support animal might not be allowed in a condo, co-op or other form of housing:

• A dog has a loud and incessant bark which disturbs the downstairs neighbor at night

• A dog has a history of snapping at small children or otherwise endangering 3rd parties

• A dog repeatedly urinates or defecates in common areas of the building

Buildings with a no-pet policy must still accommodate emotional support animals. Refusing to waive a ‘no-pet policy’ for tenants that require a service, assistance or emotional support animal is a potential fair housing violation.

This is because Federal, State and Local Fair Housing and Anti-Discrimination Laws make it unlawful to discriminate based on certain protected characteristics, including disability.

Other protected characteristics include but are not limited to: race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, marital status, lawful source of income or familial status.

In fact, New York law requires that the NYS Housing and Anti-Discrimination Notice be on display at all real estate broker offices and at all public open houses.

The NYS Housing and Anti-Discrimination Notice makes specific reference to emotional support animals, as shown in the following excerpt:

No. A co-op or condo building must accommodate an emotional support animal even if the building has a no pet policy. This protection also extends to guests of the co-op or condo unit owner who bring an emotional service animal when visiting the building. This is why you might see dogs in a no-pet building.

Co-op and condo buildings in NYC are not exempt from the New York State Human Rights Law, which prohibits housing discrimination based on disability (and many other characteristics).

That being said, a co-op or condo is within its rights to request supporting documentation from the applicant to verify the need for an emotional support animal. Typically this comes in the form of a letter from a medical professional (doctor, psychologist or social worker) which states the nature of the buyer’s (or tenant’s) disability as well as the medical need for the individual to have an emotional support animal.

Even if a resident furnishes appropriate documentation for an emotional support animal, a co-op or condo may legally prohibit a pet which poses a danger or nuisance (as we explain below).

Yes. An emotional support animal must still abide by certain rules of conduct. If an emotional support animal becomes a nuisance, poses health or safety risks to neighbors or interferes with the peace of other residents, the building must first attempt to address the problem.

Behavior patterns which may constitute a nuisance include loud and repeated barking, urinating or defecating in public areas, snapping or other aggression towards others, or producing repugnant odors.

For example, if a dog is aggressive and poses a safety risk to others, the building may ask the owner to utilize the service elevator when transporting the pet to and from the unit.

If the problem cannot otherwise be addressed, the building may send the owner a notice to cure for objectionable conduct. This act gives the owner a certain period of time to cure the problem (i.e. removing the animal and/or replacing with a new ESA).

If the emotional support animal’s objectionable conduct continues, a building may attempt to evict the owner as a last resort.

It’s unclear whether a reptile or arachnid qualifies as an emotional support animal in NYC. According to NYC Real Estate Attorney Scott Smiler, “There are some classifications of both reptiles and arachnids which are illegal to own in NYC, even as an ESA or comfort animal (NYC Health Code 161.01).”

Moreover, “It is difficult to see how such animals would qualify as a service animal, as service animals have to be specifically trained to assist in a major life function.  Depending on the building (rental, cooperative, etc.) the landlord can place reasonable restrictions on the ESA or comfort animal sought to be brought into the unit.  Better to get permission prior to getting the animal than be faced with having to part with it later, possibly after litigation.”

Using phases such as “no pets” or “no dogs or cats” in a listing description may constitute a fair housing violation in NYC. Therefore, landlords are encouraged to use more accommodating language.

In the case of a landlord who permits small pets, the listing description should state:

In the case of a landlord who ordinarily does not allow pets, the listing description should state:

There are several ways to file a complaint if you are denied the right to have an emotional support animal by a housing provider, including your condo or co-op building:

Option 1: File a complaint with the NYS Division of Human Rights (DHR)

• Complete a complaint form and email it to complaints@dhr.ny.gov or fax it to (718) 741-8322. You can also call (844) 862-8703.

Option 2: File a complaint with the New York State, Department of State

• Complete a complaint form and email it to complaints@dos.ny.gov or send it via postal mail. You can also call (518) 474-4429.

Option 3: File a complaint with the NYC Commission on Human Rights

• Initiate the complaint process by calling (212) 416-0197

• Please note that you cannot file a complaint with the NYC Commission on Human Rights if you have already filed a discrimination complaint based upon the same facts with any other court or agency, such as the NYS Division of Human Rights (DHR).