How can I tell if I have been discriminated against by the co-op?īecause it can be hard to tell upfront if someone is discriminating against you, one of the ways that the New York State determines if these rights have been violated is through conducting tests through an agency. The Fair Housing Act does not require your ESA to be registered to any database. The Co-op Board can verify that the ESA letter was indeed written by the LMHP by requesting additional documentation or by contacting the LMHP.Ī Co-op Board cannot request emotional support animal registration papers or certificates if an ESA letter is provided. A legitimate ESA letter will be written on the licensed mental health professional’s official letterhead and include their licensing information and signature. Co-op Boards must accept documentation from licensed mental health professionals and allow the future or existing tenant to live with their emotional support animal, even if the Co-op does not normally accept pets into the building. Necessary evidence or testimony can come in the form of an ESA letter written and signed by a licensed mental health professional. What kind of documents do I have to provide to the Co-op Board for my ESA? This requires that medical or psychological expert testimony or evidence must be provided to indicate that the animal is necessary in order to use and enjoy the condo. In cases of a disabled person having an emotional support animal, the person who’s applying for the apartment must be able to show documentation that he or she has a disability, thus qualifying them for the tenancy, and be able to show that the emotional support animal is required to enjoy the apartment. Because the ADA only applies to service dogs and miniature horses, animals such as emotional support animals qualify under the Fair Housing Act and thus have extra procedures to follow. The definition of service animals, in reference to the Fair Housing Act, is broader than the ADA’s definition of service animals. However, depending on the law followed, some extra steps may be needed for that disabled person to have their animal in the apartment complex. While discrimination laws apply to those who are disabled, in cases of services animals, disabled people cannot be denied services and accommodations for housing. Do these rights apply to my Emotional Support Animal? Because of the NYS Human Rights Law, these laws apply to all types of housing, including, but not limited to, public housing, condominiums, cooperatives, and rental apartments.Įmotional support animal owners have rights that allow their animals to live with them, even if Co-op rules do not allow pets in the building. This law is the New York State Human Rights Law, which prohibits housing discrimination based off of race, creed, national origin, sex, age, marital status, military status, family status, sexual orientation, gender identity, and disability. What Do New York State housing laws state about discrimination?Īccording to the NYS Fair Housing Guide, discriminating against a person with a disability because of their need to use an emotional support animal in order to enjoy their apartment complex is prohibited by law. However, because they are required to follow federal regulations, a tenant or shareholder with a disability can reference federal rules in cases of discrimination. Because owners can be both shareholders and tenants, issues faced can be complicated to handle because of how the Board of Directors can mainly be a third party in dispute matters. These cooperative buildings have their own Co-op Board of Directors, who follow internal laws set forth by federal regulations. These shares entitle the purchaser to a long term proprietary lease for the space. If you are turned away from an apartment, condo, or co-op for having an ESA, you can fight for your rights.Ĭo-ops, or cooperatives, are apartment buildings owned by a corporation, where residents buy shares to a particular apartment.You must have an ESA letter in order to live in a no-pets building with your Emotional Support Animal.Emotional support animals and their owners are protected by the Fair Housing Act (this always overrules Co-op rules).New York State prohibits apartments, condos, and co-ops from denying an applicant due to age, sex, religion, race, disability, etc.Co-ops are run by the Co-op Board the owners and tenants must follow building rules. Co-op buildings are buildings where tenants are shareholders of the building.
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