Why Are Emotional-Support Pets Allowed in My Pet-Free Building?

Q: My Manhattan co-op is a pet-free building. Yet about 10 shareholders now have dogs anyway, vetted by our management company’s lawyers. I assumed they were service dogs, but was shocked to learn that they are instead emotional-support pets. The dogs have bothered some shareholders, who have complained about barking, dogs exacerbating allergies, and dogs walking through the lobby. Why is my building obligated to accept animals that are not licensed service dogs despite its policy?

A: Federal, state and city laws provide protections for emotional-support pets. So, even if your building has a strict no-pet policy, it must provide reasonable accommodation for a resident with a disability who requests such a pet.

Management is entitled to proof, like a letter from a health care provider attesting to the disability and explaining how the animal would alleviate the condition. Building lawyers typically review the requests, but denying one poses risks. A tenant could file a complaint with the city’s Commission on Human Rights. If an investigation finds evidence of discrimination, the building could face fines of up to $250,000 and the resident could be awarded damages.

Unlike a trained service dog, an emotional-support animal does not need formal training. It does not even need to be a dog. Other animals, like birds, could qualify.

Such requests have become common, and there are websites that will generate a doctor’s note without physically examining an applicant. At ESA Doctors, for example, one can simply fill out a 15-minute questionnaire and pay the $159 fee. An ESA Doctors therapist follows up by email, according to the website. For $40, a pet owner can buy an emotional support vest (they come in an array of colors) to give a pooch a more official look.

“There seems to be an explosion in the demand for emotional-support animals, which has led to some questionable doctor certification,” said Sherwin Belkin, a real estate lawyer and partner at the Manhattan firm Belkin Burden Wenig & Goldman.

As more dogs move into pet-free buildings, tensions can flare. A resident who fears dogs, is allergic to dogs, or simply does not like them, may have chosen to live the building in part because of its strict pet policy. All these exceptions have nullified the rule without providing recourse for those who would rather not live alongside furry neighbors.

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