Service and Emotional Support Animals

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Some animals we share our homes with and encounter in our workplaces and public spaces are not considered pets under the law, but instead are assistance animals, including service and emotional support animals (ESAs). Service animals and ESAs are distinct from one another, but both are exempt from certain restrictions that can be placed upon pets.

Service Animals

Image of smiling woman sitting on ground next to a service dog.
  • A service animal is an animal who performs a specific task or set of tasks to assist a person with a disability.
  • Regulations about public accommodations under the Americans with Disabilities Act (ADA) recognize only dogs and miniature horses as service animals. Other animals may be recognized as service animals for purposes of other federal, state and local laws that protect people with disabilities.
  • Local, state, and federal laws—including the Americans with Disability Act (ADA)—generally require that facilities open to the public allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go.  A facility does not need to allow a service animal if their presence would fundamentally alter the nature of the goods, services, programs, or activities provided to the public. For example, as noted in the ADA FAQ, “service animals can be restricted from areas” of a zoo “where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. [Service animals] cannot be restricted from other areas of the zoo.”
  • Public places and facilities cannot ask for any proof of disability or service animal certification. Only two questions may be asked:
    • Is the service animal required because of a disability?
    • What work or task has the service animal been trained to perform?

Where the need for a service animal is apparent, these questions should not be asked.

  • There is no special registration/proof/certification required for a service animal (like all dogs in New York City, service animals who are dogs do need a dog license).
  • Employers and housing providers—including shelters and other forms of temporary and supportive housing—must provide a reasonable accommodation to permit service animals unless doing so would cause an undue hardship. Policies that: (1) limit pet sizes or breeds; (2) impose pet fees/deposits; or (3) indicate that no pets are allowed, are not applicable to these animals.
  • A landlord or employer may require a letter from a treatment provider if the need for a service animal or the service the animal provides is not apparent or known. You do not need to disclose information about your specific disability.
Screenshot of 'Service Animals in Public Places and Facilities' flyer
Screenshot of 'Animales de Servicio en Lugares Públicos e Instalaciones' flyer

The NYC Mayor’s Office for People with Disabilities (MOPD) and CCHR Service Animal Fact Sheet is available in English and Spanish.

Emotional Support Animals

  • An emotional support animal (ESA) is an animal who provides emotional support or other assistance that provides a benefit to a person with a mental health or psychiatric disability. They can help with depression, anxiety, and certain phobias.
  • ESAs do not need to have any special training.
  • Any animal that is legal to own and maintain in New York City can qualify as an ESA.
  • There is no special registration/certification required for an ESA. (Dogs who are ESAs, like all other dogs in NYC, do need a license).
  • Under the U.S. Fair Housing Act and the NYC Human Rights Law, housing providers, including shelters and other forms of temporary and supportive housing, must provide a reasonable accommodation to permit emotional support animals, unless doing so would cause an undue hardship. Policies that: (1) limit pet sizes or breeds; (2) impose pet fees/deposits; or (3) indicate that no pets are allowed, are not applicable to these animals. The NYC Commission on Human Rights (CCHR) has a helpful FAQ on emotional support animals in housing and the NYC Department of Homeless Services (DHS) provides information about emotional support animals in DHS shelters. A request for a reasonable accommodation in housing should be concluded with a written determination.
  • Under the NYC Human Rights Law, employers must provide reasonable accommodations unless doing so would cause an undue hardship. An ESA can be a reasonable accommodation. A request for a reasonable accommodation in employment should be concluded with a written determination.
  • A landlord or employer may require a letter from a treatment provider explaining that the presence of the ESA can alleviate the symptom of a disability. You do not need to disclose information about your specific disability.

Requesting a Reasonable Accommodation in Housing

  • Housing and shelter providers should have written policies for handling requests for reasonable accommodations, including identifying the appropriate contact and process for requests. The process may include requiring documentation including but not limited to:
    • Letter from a treatment provider
    • Up-to-date rabies vaccination certificate
    • For dogs, NYC dog license or proof of application (required for all dogs in NYC)
  • Start the request for a reasonable accommodation process as early as possible. Housing providers are legally required to respond to your request and to have a cooperative dialogue with you about it [New York City Administrative Code § 8-107(28)]. If you have not heard back from the provider in two weeks, consider following up with the provider or contacting the NYC Commission on Human Rights (CCHR) to file a complaint (see below).
  • If you have an ESA and expect you’ll be entering a DHS shelter, contact DHS to begin the reasonable accommodation request (RAR) process. Staff at DHS shelters can also assist you with the RAR process. Service animals and approved emotional support animals are not considered pets, and DHS permits ESAs as a reasonable accommodation on an individual basis based on a client’s clinical needs.
  • If you have an ESA and believe you will be entering a shelter contracted by the NYC Human Resources Administration (HRA), such as an HIV/AIDS Services Administration (HASA) shelter or a shelter for survivors of domestic violence, contact HRA for more information on requesting an ESA as a reasonable accommodation.

Reporting Discrimination/Violations

  • If you feel that you are being discriminated against or that your right to keep an emotional support or service animal is being violated, you can file a complaint with the NYC Commission on Human Rights (CCHR)
    • by calling the CCHR at 212-416-0197 or by calling 311 and saying, “File a complaint with NYC Commission on Human Rights.”
    • online on their Report Discrimination page.
  • For questions or concerns about emotional support and service animals in DHS shelters, view DHS’ webpage for applicants and clients with disabilities here. For clients in shelters contracted by HRA, such as HIV/AIDS Services Administration (HASA) shelters or shelters for survivors of domestic violence, view HRA’s webpage on Disability Access here.

QUICK LINKS/MORE INFORMATION

The information provided on this website is not intended to be legal advice.  Please consult a qualified legal professional for advice on your specific situation.