Dedicated Advocacy In Business, Real Estate, And Landlord And Tenant Disputes

Can landlords prevent tenants from keeping service animals in New York?

On Behalf of | Dec 2, 2024 | REAL ESTATE LAW - Landlord/Tenant Matters

Picture this: You’re a landlord faced with a tenant request to keep a service animal, or you’re a tenant who relies on one. What now? The intersection of disability rights and property management often creates confusion.

Service animals play a vital role for many New Yorkers, yet their presence in rentals can spark questions and concerns. This guide aims to clarify the key aspects of service animal regulations in New York rentals, helping both landlords and tenants grasp this complex topic.

What landlords should know about service animals

Landlords must understand their legal obligations regarding service animals. Familiarize yourself with these key points:

  • Legal status: Federal and state laws do not classify service animals as pets
  • Definition: Service animals are dogs that receive special training for specific tasks aiding disabled individuals
  • Documentation: You may request proof of disability and the animal’s training
  • Restrictions: Typical breed and weight limits don’t apply to service animals
  • Fees: Charging extra fees or deposits for service animals is prohibited

Understanding these basic points can help you address issues with tenants who need service animals.

Tenant rights and responsibilities

Tenants with service animals have specific rights and obligations. In New York City, service dogs require a standard dog license but no additional certification. Here are the key points to remember:

  • You can keep your service animal in your rental unit
  • Obtain a standard dog license for your service dog, as required for all dogs in NYC
  • No special certification or service dog registration is necessary
  • Maintain control of your service animal at all times
  • Ensure your service animal doesn’t damage property or disturb others
  • Take responsibility for cleaning up after your service animal

Understanding service animal laws in rental properties benefits all parties involved. By honoring each other’s rights and responsibilities, you contribute to a more inclusive and harmonious living environment.