Can the housing board of my co-op deny me having an emotional support animal?

////Can the housing board of my co-op deny me having an emotional support animal?

Question

Can the housing board of my co-op deny me having an emotional support animal? I have a medical letter approving me to have an ESA. Will this allow me to adopt despite living in a co-op building denying dogs?

Answer

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 a service or emotional support animal. According to recent guidelines published by the United States Department of Housing and Urban Development (HUD), individuals seeking reasonable accommodations for support animals should generally have health care professionals provide information related to the following:

• Whether the individual has a physical or mental impairment that substantially limits at least one major life activity or major bodily function, and
• Whether the individual needs the animal because the animal provides assistance that benefits the individual because of his/her disability (and that can include providing therapeutic emotional support to alleviate a symptom or effect of the disability)

For more information, see: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf

People who believe they are being discriminated against in housing based on the keeping of an assistance animal should contact a disability/housing attorney. Complaints may also be filed with HUD, https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint,
the NYS Division of Human Rights and other local disability and housing rights agencies and organizations.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question

By |2023-01-09T17:23:25-04:00November 30th, 2022|