- Emotional Support Animal in New York at a Glance
- What is an Emotional Support Animal In New York?
- Requirements for an Emotional Support Animal in New York
- Housing Laws for Emotional Support Animals in New York
- Employment Laws for Emotional Support Animals in New York
- Flying with an Emotional Support Animal in New York
Emotional Support Animal in New York at a Glance
We all know that there are individuals who view animals as more than just pets. Emotional support animals (ESAs) provide support and comfort to individuals dealing with an array of mental health conditions and emotional trauma, surpassing the typical role of a household pet. Service dogs have been utilized and officially recognized for a long time, but emotional support animals in New York have only recently gained widespread attention. In order to protect owners of Emotional Support Animals in New York, federal legislation has been implemented that applies nationwide. While some states have adapted existing service animal laws to include emotional support animals, others have taken additional steps to safeguard their rights.
Ex-Governor, Andrew Cuomo, for instance, signed legislation in August 2020 to defend owners of emotional support animals in New York against discrimination when applying for housing. This is only one example of the most recent ESA legislation, and other protective measures have been put in place to prevent discrimination against emotional support animal owners. For more information about New York’s emotional support animal laws, keep reading.
What is an Emotional Support Animal In New York?
An Emotional Support Animal in New York offers more than just companionship and can be vital sources of comfort and support for their owners. These animals come in a variety of forms, and most household pets can be registered as ESAs, although dogs are the most common. Unlike service animals, which are primarily dogs trained to aid individuals with physical or sensory disabilities, ESAs can be any type of animal that offers emotional support. Service animals are essential for people with vision loss, hearing difficulties, and motor function impairments, while emotional support animals in New York are particularly useful for individuals dealing with mental health conditions such as panic attacks, anxiety and emotional distress.
Unlike service animals, ESAs are not trained to perform specific tasks related to a person’s disability. Rather, their presence and companionship can provide therapeutic benefits to their owner. An emotional support animal in New York does not require specific training like service animals, which are trained to perform specific tasks to aid with their handers’ disabilities. Owners of emotional support animals in New York are entitled to certain legal protections under federal and state law. If you live in New York and rely on the companionship of an emotional support animal, it is important to research the applicable laws before seeking accommodations for housing or travel.
The definition of an emotional support animal is not well-defined, allowing individuals to designate any pet that has a beneficial impact on their well-being. There is considerable diversity in the types of ESAs because any animal can be trained and well-mannered enough to fulfill this role. This means that individuals can select a wide range of animals to be their ESA, including birds, ferrets, dogs, cats, mice, hamsters, lizards, and other creatures.
Register your Emotional Support Animal Here
Requirements for an Emotional Support Animal in New York
Emotional Support Animals in New York can be used to provide comfort to individuals living with a wide variety of conditions ranging from mild to severe. If you or someone you know is struggling with mental distress, you may be eligible to register your animal as an Emotional Support Animal in New York.
In order to utilize the protections offered by the use of an emotional support animal in New York, the only requirement is a letter or document from your healthcare provider indicating that the animal is a necessary part of the individual’s treatment for a qualifying mental health condition. The specific information that should be included in the letter is up to the discretion of the doctor and the patient and there is no prescribed form but the letter should ideally be from a New York practitioner on their professional letterhead. Although not required by law, many handlers choose to voluntarily register their emotional support animals in New York through Service Dog Certificates in order to receive a mobile ID and certification documentation. This give handlers a quick and easy form of tangible evidence to provide to third parties such as landlords and business owners where required. Physical markers such as bandanas and collars can also be useful tools for emotional support animal owners to avoid disputes and allows for members of the public to quickly identify animals as registered Emotional Support Animals in New York. If you suffer from any of the following, you may be eligible for an Emotional Support Animal in New York:
- General distress
Housing Laws for Emotional Support Animals in New York
Let’s start by discussing housing regulations for Emotional Support Animals in New York. New York City is densely populated and teeming with apartments and landlords, each with their own set of policies regarding pets. While some landlords are open to having pets on their premises, others are not as receptive. This can be concerning if you own require the use of an Emotional Support Animal in New York.
Fortunately, there is no need to be overly worried. Under the Fair Housing Act, emotional support animals are considered to be a reasonable accommodation. If you have a mental health condition that impairs your ability to perform major life activities, and your ESA alleviates symptoms of your condition, and corroborated by a licensed professional, landlords cannot reject your rental application on the grounds of your ESA.
Despite legal protection, it is important to be prepared to provide evidence to your landlord that you require the use of an Emotional Support Animal. Registering with Service Dog Certificates to receive a digital ID that can be presented in your mobile wallet is a quick and efficient way to be prepared. Having an ID on you at all times can put you at ease if questioned about your use of an Emotional Support Animal in New York.
Employment Laws for Emotional Support Animals in New York
Unlike certain states like California, New York does not have specific leglislation permitting Emotional Support Animals into the workplace. Protection of Emotional Support Animals in New York is a gray area under the Americans with Disabilities Act (ADA). However, this does not necessarily mean that emotional support animals can’t come to work with you if you genuinely require it. If you make a request to have your emotional support animal accompany you to work, your employer may make an exception, as is commonly done. More and more employers are recognizing the positive impact that emotional support animals can have on their employees, leading to an increase in the number of workplaces that allow them.
Flying with an Emotional Support Animal in New York
Emotional support animals in New York do not have the same protection when it comes to traveling on commercial airlines as service animals do. In the past, the Air Carrier Access Act (ACAA) required airlines to make reasonable accommodations for passengers with ESAs, but now it only applies to service dogs. If you wish to bring your ESA on a flight, you may be able to carry it in a pet-safe carrier as carry-on luggage and stow it under your seat, as long as it is small enough and you pay a fee. Regardless, if you intend to fly with your ESA, it is critical to contact your airline in advance to confirm their specific policies and accommodations.
Another option is to train your emotional support animal as a service dog. These dogs are trained to perform specific tasks that alleviate the symptoms of disabilities including mental disorders, such as anxiety, depression, and PTSD. Service dogs are protected under the ACAA and can accompany their owner in the airplane cabin. However, airlines may require you to complete a form about your service animal so it is still critical to contact your airline in advance even if travelling with a service animal. These forms ask about your dog’s training and also serve as an agreement that you understand that your dog must be well-behaved or else it can be treated as a pet and placed in a carrier for a fee. Click here to voluntarily register your qualified service dog
FAQs for Emotional Support Animals in New York
Can my Emotional Support Animal Accompany me on a College or University Campus?
Yes, the Fair Housing Act also extends to co-ops and college campuses. Students grappling with mental health conditions are allowed to have emotional support animals in on-campus housing, residential halls, and even some lecture halls. However, it is essential to inform the school in advance before moving on-campus.
Can my Landlord deny my Emotional Support Animal in New York?
It depends, a landlord may deny your ESA request if your animal is not well-behaved. If they observe any damage to their property, aggressive behavior towards other tenants, or potential health hazards, they may retract their approval. In these scenarios, it is the landlord’s responsibility to safeguard other residents, which supersedes a tenant’s preference to keep a potentially risky animal on the property. Further, it is illegal to misrepresent your animal as an Emotional Support Animal in New York.
What Types of Animals are Eligible as ESAs?
Although dogs and cats are the most common type of ESA by far, any pet may technically qualify as an Emotional Support Animal in New York.
What is the Difference Between ESAs and Service Animals.
Although the terms may seem interchangeable, it is essential to understand that each type of animal has a distinct meaning and varying legal protections which handlers must familiarize themselves with.
A service animal undergoes training to aid their owner with a disability in their daily routines. Under the Americans with Disabilities Act (ADA), service animals in New York are allowed inside businesses that don’t typically permit pets.
An emotional support animal is legally defined as an animal that provides therapeutic benefits through companionship alone. Owners in New York who require an ESA are entitled to statutory protection when seeking housing and living accommodations.