Syracuse, NY asked in Animal / Dog Law and Landlord - Tenant for New York

Q: My regular doctor wrote me a letter saying I would benefit from having a dog and my landlord says no is that illegal

2 Lawyer Answers
Benjamin Z. Katz
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Answered
  • Animal & Dog Law Lawyer
  • New York, NY
  • Licensed in New York

A: I would need more information to answer this question. Does this letter prescribe an emotional support animal? Is your regular doctor a mental health professional? I assume your residence has a no pets policy. If that is the case, there are limited situations where a landlord may refuse to accommodate you. Otherwise, you are protected under both Federal and State law.

Steven Warren Smollens agrees with this answer

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear New York Tenant:

Technically, there is no special entitlement for a tenant to have a pet dog where the lease prohibits pets without the landlord's permission. But, ANY tenant is entitled to own and keep a service dog (a dog specially trained for particular services to assist in living activities) and even with an emotional support animal (not limited to a dog) many tenants with proper medical authorization are able with an attorney to fight to keep an ESA dog. Be aware, that in New York State, a landlord does not need any reason to decide not to renew a tenant's lease. That is the danger all tenants face without rent regulation and without the State Legislature enacting good cause eviction.

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