Question
Hi, I was wondering if a tenant supposedly has an emotional support dog but is hardly ever home with it. The dog has nowhere to run around and lives in a small apartment. The dog causes property damage because he is anxious and neglected. Can the landlord make them remove the dog?
Answer
People, including landlords, who believe that an animal is being mistreated should contact the police and other law enforcement authorities in their area. In some New York counties, for example, the SPCA (society for the prevention of cruelty to animals) also enforces animal cruelty/neglect laws.
Discrimination in housing based on a disability is illegal. The Federal Fair Housing Act provides that housing providers may not refuse to make a reasonable accommodation for a person with a disability. That includes people who need service or emotional support animals, but there are exceptions, such as if the animal has created a danger to the safety of others (which will need to be proven).
It will be up to the court to consider the evidence and determine rights if an eviction lawsuit or other type of legal proceeding is commenced. These matters are handled on a case-by-case basis. People who believe they are being discriminated against can file a complaint with the U.S. Department of Housing and Urban Development (HUD), the New York State Division of Human Rights, and local human and civil rights agencies and organizations.
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