Service dogs and ESAs in NYC co-ops, condos, and rentals

In housing, the main laws are the federal Fair Housing Act, the New York State Human Rights Law, and the NYC Human Rights Law. The ADA mostly does not apply inside private residential buildings. It covers areas open to the public, such as a leasing or sales office.

These laws apply to co-ops and condos as well as rentals, and to shareholders and owners as well as tenants.

A resident with a disability who uses a service dog is entitled to a reasonable accommodation. That usually means the building's no-pet or weight rule does not apply to that dog. If the disability and the dog's tasks are obvious, the building generally may not ask for documentation.

An ESA has no public-access rights, but in housing it is also covered as a reasonable accommodation. When the disability or need is not obvious, the building may ask for reliable documentation, usually a letter from a health-care professional who knows the resident. Certificates bought online are generally not enough.

A board may require that the animal is not a direct threat to others and does not cause damage, and it may enforce ordinary rules about leashes and noise. It may not charge a pet fee or deposit for an assistance animal, or deny the request only because of the animal's size or breed.

Ask for the decision in writing. You can file a complaint with HUD, the New York State Division of Human Rights, or the NYC Commission on Human Rights. A housing attorney can advise on your specific situation.