New York’s emotional support animal (ESA) laws are defined clearly by state law, and these state laws also uphold federal regulations for support animals. If you’re thinking about adding an emotional support animal to your life, it’s important that you understand your rights in the state and how an ESA can benefit you.
Below, we discuss more about New York’s emotional support animal laws, how to get a valid ESA, and other important things to know about support animals and service animals in the state.
What Is an ESA in New York?
An emotional support animal can be any animal that’s legal to own in the state of New York. The most popular options are dogs and cats, but ESAs can include animals like iguanas, turtles, Guinea pigs, which are great for apartment living in the city.
All it takes for an ESA to be valid is a legitimate ESA letter written by a licensed mental healthcare professional.
Who Qualifies for an ESA in New York?
While emotional support animals are typically prescribed for conditions such as anxiety, depression, and chronic stress, many different individuals could qualify for the addition of an ESA to their lives.
In general, individuals who struggle with mental health conditions or other disabilities and could benefit from the supporting presence of an animal are qualified for an ESA. Individuals must be able to physically and financially care for their chosen ESA to be approved.
If you suspect you need an animal to complete tasks for you that help alleviate the symptoms or manage your mental health condition or disabilities, you may be better suited to a service animal and not an ESA. You can explore options with your mental healthcare provider or doctor to see which assistance animal fits your needs.
Are ESAs Different From Service Animals?
Emotional support animals and service animals are two distinctly different types of assistance animals, and it’s very important to understand the differences between these two. To start with, service animals are almost always dogs (there are some exceptions for miniature horses), and they are trained to perform specific disability-related tasks.
On the other hand, emotional support animals bring comfort, support, and routine to their owner’s lives. They are not required to be trained in any way, and an ESA can be any type of animal, such as a dog, cat, rabbit, snake, or fish. As such, these animals are granted different rights under the federal Americans with Disabilities Act (ADA).
Your Guide to New York ESA Laws
Below, we give you an overview of the most important laws that govern your emotional support animal’s rights in New York state. Keep these laws in mind as you explore the possibility of adding an ESA to your treatment plan.
New York Emotional Support Animal Housing Laws
Like many other states, New York views emotional support animals not just as pets but as animals that are there to support their owners through any difficulties they may be facing. This means that their treatment is different from regular pets, but also different from the rights that service animals get, as emotional support animals serve a different role than service animals.
Under the federal Fair Housing Act (FHA), people who have disabilities are allowed to have emotional support animals as a reasonable accommodation in housing; this law applies to every state.
If you request an accommodation under the FHA, your landlord is generally required to make exceptions to their pet policies to accommodate individuals with disabilities who own emotional support animals. Owners with a valid ESA will also not be required to pay pet rent, pet fees, or pet-related security deposits.
You will need to obtain a valid ESA letter to ensure that your support animal is protected by both the federal FHA and the state laws that support your housing rights. We discuss how to obtain an ESA letter further below
New York Emotional Support Animal Travel Laws
The federal Air Carrier Access Act (ACAA) law ensures that your service animal is eligible for air travel, as this law prevents discrimination for those with disabilities needing to fly. Airlines must permit individuals with service animals to fly with their animals at their side, and no extra fees can be charged for a service animal.
However, emotional support animals are not considered service animals, and ESAs are no longer protected under the ACAA as of 2020. Instead, airlines are able to admit ESAs under service animal rules at their discretion, and you can expect your ESA to be treated like a regular pet by most airlines.
Due to this, you will need to adhere to any pet restrictions or regulations put in place by an airline and ensure that you pay pet fees. Always check the rules with the airline you wish to book before purchasing tickets for yourself and your ESA.
Additionally, public transportation is required under the ADA to admit service animals. Again, emotional support animals are not considered service animals, which means you cannot take them onto a train, bus, metro train, or another public transportation vehicle unless the vehicle is pet-friendly for your specific type of ESA.
New York Emotional Support Animal Workplace Laws
The Americans with Disabilities Act protects the right of individuals to bring their service animals to the workplace. However, the decision to allow emotional support animals in the workplace is left to the employer’s discretion.
Your emotional support animal is not protected by federal public access laws, and your ESA is not legally required to be admitted to the workplace.
Many employers may make exceptions and provide accommodations for your ESA. This will only occur if it is safe to bring your ESA to your job, your ESA is well-behaved, and the admittance of your ESA to the workplace doesn’t cause an undue hardship on your employer.
New York Public Access Emotional Support Animal Laws
If you have a service animal, whether it’s guiding you through bustling streets or offering crucial support for mental health, the ADA and New York state law protect wide-reaching public access rights. Most restaurants, shops, theaters, hotels, and other public spaces are required to let service animals accompany their owners into the space.
When it comes to emotional support animals, public access depends on the venue. Legally speaking, establishments are not obligated to allow entry to ESAs under the ADA and New York law; emotional support animals do not have the same public access rights as service animals.
Some businesses may be willing to make exceptions, however, and you can call ahead and speak to a business owner or manager before showing up with your ESA to see if they will grant you access.
You could also stick to pet-friendly businesses and public spaces like a dog-friendly public patio to ensure your ESA can stay at your side, even if they will be treated like a regular pet.
How to Get an ESA Letter in New York
Getting an ESA letter is a pretty straightforward process, and you will need a valid ESA letter to take advantage of your protected ESA housing rights in New York. We tell you the details of the process of obtaining an ESA letter below.
Consult With a Licensed Mental Health Professional (LMHP)
This is the most crucial step, as only an LMHP authorized to practice in New York can issue a valid ESA letter. You can find a licensed therapist or psychiatrist in your area through your insurance provider, online directories, or by asking for recommendations from your doctor or friends.
You can set up an appointment either in person or via telehealth to discuss your concerns and needs for an ESA. For instance, you can fill out our ESA consultation request form to be paired with a LMHP in your state.
Get Evaluated for a Qualifying Mental Health Condition
To be eligible for an emotional support animal, you must have a diagnosed mental health condition or another disability that substantially affects one or more major life activities, such as sleeping, eating, working, or socializing. Some common qualifying conditions include anxiety, depression, PTSD, and ADHD.
Discuss the Need for an ESA With Your LMHP
During your evaluation, be open and honest with your LMHP about how your mental health condition affects you and how an ESA could help manage your symptoms and improve your quality of life.
Your LMHP will assess your situation and determine if an ESA is appropriate for you. You must be able to physically and financially care for your emotional support animal if approved.
Get Your New York ESA Letter
If your LMHP determines that an ESA is beneficial for your mental health, they will provide you with a written letter stating your need, the recommendation for an ESA as part of your treatment plan, and the animal’s species and breed.
Make sure when choosing your ESA that you select one you can reasonably care for and one that can be taken into an apartment or other rental housing. For example, you would not want to select a chicken as your ESA if you live in a studio apartment – this is likely to be unsafe and unhygienic, in addition to being denied by a landlord.
FAQs about ESA Laws in New York
Emotional support animal laws in New York can be confusing. We answer some frequently asked questions about ESA laws in New York below.
Can a Landlord Deny My ESA Letter?
A landlord is able to deny your ESA letter in specific circumstances. In general, your ESA will only be denied if your ESA letter is not valid. By “not valid,” we mean it wasn’t properly obtained through the process New York state outlines, your animal is aggressive, dangerous, or destructive, or your request is unreasonable.
An unreasonable request can consist of attempting to bring an illegal animal or animal that cannot properly be cared for into your chosen housing space. For example, you cannot bring a horse into a small apartment, even if they are a valid ESA.
How Can I Prevent a Landlord From Rejecting My ESA Letter?
If you are concerned about your landlord rejecting your ESA, there are a few things to keep in mind. First of all, a landlord cannot reject a valid ESA letter obtained through a mental healthcare provider licensed in New York. Make sure to avoid online scams and printing tempalted letters out from the internet to ensure your letter is valid.
Additionally, your ESA should be reasonable, well-behaved, and properly cared for. Ensure you have your valid ESA letter and any other state-required documentation for vaccinations for your ESA.
Keep in mind your ESA rights and always have an open line of communication with your landlord to discuss your ESA accommodations needs.
Can I Get an ESA Letter for Any Animal?
You can get an ESA letter for any animal, or even multiple animals, in New York, but you will still need a licensed mental health professional in NY to assess your condition and officially prescribe your ESA. Your provider will consider numerous personal factors to evaluate your condition and either approve or deny one or more ESAs to help treat your condition.
Understanding ESA Laws in New York
Sifting through and understanding the complex legal framework regarding emotional support animals can be confusing at first, but once you start to get a sense of which laws apply to your ESA, you’ll have an easier time understanding your ESA rights in New York.
Make sure to speak with a licensed mental healthcare provider in the state if you are interested in adding an ESA to your treatment plan and benefiting from the comfort, companionship, and support these beloved animals bring.