BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M
Emotional support animals (ESAs) are an important aspect of housing law, including within NYC condos. Under the Fair Housing Act (FHA) and the New York City Human Rights Law (NYCHRL), individuals with disabilities have the right to request reasonable accommodations, including having emotional support animals in their homes, even if the condo’s policies might otherwise prohibit pets. Here’s an overview of NYC condo laws related to emotional support animals:
- Fair Housing Act (FHA):
The FHA is a federal law that prohibits discrimination in housing based on disability. Under the FHA, individuals with disabilities are entitled to reasonable accommodations that allow them to fully enjoy and use their housing. This includes allowing emotional support animals, which are considered a form of reasonable accommodation.
- New York City Human Rights Law (NYCHRL):
The NYCHRL provides even broader protections than the FHA. It prohibits discrimination based on a variety of protected categories, including disability. NYC law requires that reasonable accommodations be provided to individuals with disabilities, including the allowance of emotional support animals.
- Definition of Emotional Support Animal:
An emotional support animal is not considered a pet. Instead, it is an animal that provides therapeutic benefits to a person with a mental or emotional disability. Unlike service animals, ESAs are not required to perform specific tasks but instead offer emotional support that helps alleviate symptoms of the person’s disability.
- Requesting a Reasonable Accommodation:
A condo resident who requires an emotional support animal due to a disability can request a reasonable accommodation from the condo’s management or board. The request should typically be made in writing and include documentation from a qualified healthcare provider that confirms the resident’s disability and the need for an emotional support animal.
- Verification and Documentation:
The documentation provided by the individual’s healthcare provider should establish that the resident has a disability that substantially limits one or more major life activities, and that the emotional support animal is necessary to alleviate the effects of the disability.
- Restrictions and Conditions:
While condos are required to grant reasonable accommodations for emotional support animals, there may be limitations. The animal must not pose a direct threat to the health or safety of others or cause substantial physical damage to property. The resident is also responsible for the animal’s behavior and care.
- No Pet Policies:
Even if a condo has a no-pet policy, they must make exceptions to allow emotional support animals as reasonable accommodations for residents with disabilities.
- Fees and Deposits:
Condos cannot charge extra fees or deposits for emotional support animals as they might for pets. However, the resident remains responsible for any damages caused by the animal.
- Confidentiality:
Condos are required to maintain the confidentiality of information related to a resident’s disability and need for an emotional support animal.
It’s important to note that each case may have unique circumstances, and legal advice is recommended to navigate these situations effectively. Condo associations must be well-versed in federal and local housing laws to ensure they are compliant and respectful of the rights of residents with disabilities.
Citations, References and Potentially Useful Resources for Further Information:
U.S. Constitution
New York State Constitution
Federal Securities Regulation
New York State Martin Act
New York Condominium Act
New York State Security Regulations
New York Business Corporation Law
New York Limited Liability Company Law
New York Uniform Partnership Act
Federal Internal Revenue Code
New York State Tax Laws, Rules & Regulations
New York City Tax Laws, Rules & Regulations
Winston Churchill Owners, Inc. v. Regents Real Estate Associates
Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.
Park Sutton Condominium v. 447 E. 57th St. LLC
28 E. 10th Street Corp. v. Veras
Riverside Syndicate, Inc. v. Munroe
Essex House Condominium v. Marks
The Parc Vendome Condominium v. Atkinson
54-56 Meserole Street Owners Corp. v. Rossi
The Beekman Regent Condominium v. Bottiglieri
Chelsea 19th LLC v. West 19th Street Realty LLC
ACRIS
New York Department of Finance
New York City Department of Buildings
New York City Bar Association
New York State Bar Association
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