Are landlords required to make reasonable accommodations for emotional support animals under Fair Housing Law?
Yes, landlords are required to make reasonable accommodations for emotional support animals under Fair Housing Law in New York. According to the Fair Housing Act, it is illegal for landlords to refuse any reasonable accommodations for individuals with disabilities, which include mental and emotional impairments. The New York State Division of Human Rights explains that these accommodations may include allowing emotional support and therapy animals into housing where pets are usually prohibited, so long as they are necessary to afford the tenant equal opportunity to use and enjoy their dwelling. For instance, if a tenant needs an emotional support animal to help manage their depression or anxiety, the landlord must make an accommodation to allow the animal as long as the animal does not pose any health or safety risk to other tenants. In New York, landlords may require reasonable documentation from a healthcare professional or other licensed mental health provider confirming the tenant’s disability and need for an emotional support animal. The landlord may not charge the tenant a pet deposit or fee for the animal, but the tenant is responsible for any damage caused by the animal. Overall, landlords are obligated to make reasonable accommodations for emotional support animals under Fair Housing Law in New York. With an appropriate documentation, tenants with mental and emotional impairments may be allowed to keep their emotional support animal in their dwelling despite any official pet policies that may be in place.
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