Emotional Support Animal Laws NY: What New Yorkers Need To Know

What are the laws for having an emotional support animal in New York? After identifying your need for an emotional support animal (ESA) and getting approval from a licensed mental health provider, it is important to know the laws, your rights and limitations, as well as the animal’s rights and limitations.

This article will cover the various mental health conditions that may qualify a person to have an ESA, how to obtain an ESA letter, and the New York laws for traveling and living with an ESA.

Things To Know About Emotional Support Animal (ESA)

An ESA is more than a pet, but not a service animal^[1]. A pet is an animal a person may keep for joy, recreation, and companionship. A service animal undergoes specialized training to perform certain tasks to assist an individual.

An ESA, however, is an animal that provides emotional support as a form of treatment for a person with a mental or emotional disability. They are not trained to perform special tasks, as a service animal is. A licensed mental health provider must make an evaluation of your specific case and determine if an ESA would be beneficial to you.

You will need an official ESA letter from the mental health provider as proof that your animal is an ESA. With this letter, ESAs may be granted certain access and accommodations that pets would not be, such as living in buildings that would otherwise have a “no pets” policy.

A person may choose any animal to be their ESA animal, such as an emotional support dog, a cat, a fish, a bird, a lizard, or a guinea pig, as long as they are properly trained. Landlords and employers who feel that an ESA is disruptive or harmful may have the right to deny admittance of an ESA into the building or workplace.

How many emotional support animals can a person have? There is no limit. However, each animal must be approved by a mental health provider with an accompanying ESA letter, and each animal must serve a different purpose in treatment (for example, you can’t have three cats as ESAs who all provide anxiety relief).

Which Medical Issues Can Emotional Support Animals Help With?

ESAs can be used to help treat a variety of mental health conditions^[2], or any combination of multiple conditions or disabilities. Some of these conditions include:

• Anxiety.
• Panic attacks.
• Depression.
• Bipolar disorder.
• Phobias.
• Obsessive compulsive disorder.
• Post traumatic stress disorder.
• Attention-deficit hyperactivity disorder.

Note that this is not a complete list of every emotional or mental disability that may qualify a person for an ESA.

Emotional Support Animal Laws In New York You Should Know

Below are the travel, housing, and employment laws^[3] for ESAs in New York.

ESA Laws For Travel In New York 

The Air Carrier Access Act^[4] used to permit ESAs to fly with their owners in the airplane cabin at no charge, however, as of 2020, the Air Carrier Access Act no longer permits this. This accommodation is now only granted to service animals, not ESAs.

That being said, some airlines may allow you to fly with your ESA as a pet, and can charge a fee for it. It is entirely dependent on the airline, so ask them prior to booking your flight.

ESA Housing Laws In New York 

Under the Fair Housing Act^[5], ESAs are protected, as are you, from discrimination. If you have a mental health condition and an ESA letter that explains your need for an ESA to help treat that condition, landlords cannot reject your housing application because of the ESA. This also applies to college campuses.

Note: This law applies specifically to ESAs, therefore, a housing provider may reject a housing application based on other reasons, such as insufficient finances. Additionally, a landlord may have the right to reject admittance of an ESA if the animal is disruptive or menacing to the other tenants or the building (the landlord has an obligation to prioritize the safety of all their tenants).

ESA Employment Laws In New York

ESAs may also be permitted to accompany their owners into the workplace at the discretion of the employer. While federal law prohibits discrimination against mental illness in a place of work, the Americans with Disability Act specifically permits service animals in work settings. ESAs are not service animals, though, and therefore are not guaranteed the same rights.

It is best to discuss your need for an ESA in the workplace with the human resources department prior to accepting a job.

Get An ESA In New York: How To Do It?

Identify Whether You Require An ESA

The first step in obtaining an ESA is identifying your own mental health needs. If you have been diagnosed with a mental health condition, such as anxiety, depression, or PTSD, you may feel that having an ESA will be beneficial in your treatment.

From there, a mental health provider will decide if your disability warrants an ESA as part of treatment.

Consult A Mental Health Professional

Meet with a licensed mental health professional. This could be someone you’re already working with or a new person. If you don’t have a mental health provider, you can read the Certapet review to help you find one who can write you an ESA letter. Certapet is one of the best legitimate companies that can pair you with a therapist who can provide your ESA letter.

Obtain An ESA Letter 

Once a mental health provider agrees that an ESA would be good for your treatment, it’s time to get an ESA letter. To get an ESA letter, the therapist, physiatrist, or psychologist needs to write a letter explaining your diagnosis and why they feel having an ESA would be beneficial for your treatment.

The letter should include details about you and your condition, as well as their professional information, such as their contact information and license number. This letter should be on the mental health professional’s official letterhead.

Can A Landlord Refuse An ESA In New York?

Under the Federal Fair Housing Act, housing providers cannot refuse an ESA in New York, with the exception of a disruptive or mancing animal. Housing providers have an obligation to protect the safety of their building and other tenants, so if the ESA is untrained and causes harm to the building or other people, housing providers can refuse housing to the ESA.

Places In New York Where You Can Bring Your ESA

Under the ADA Americans with Disabilities Act^[6], a service animal, not a support animal, may be permitted certain public access rights. While ESAs are not granted the same public access rights as service animals, they may still be permitted in any place considered “pet-friendly.”

Restaurants And Bars In New York 

• The West 79th Street Boat Basin.
• The Wilson.
• Bar Primi.
• Shake Shack.
• Cookshop.

Parks In New York 

• Prospect Park in Brooklyn.
• Central Park.
• Fort Greene Park.
• Bryant Park.
• Harlem River Park.

Beaches

Leashed dogs are permitted to walk on the sand and boardwalk^[7] at some New York beaches from October 1st until May 1st. These beaches include:

• Rockaway Beach.
• Coney Island.
• Brighton Beach.
• Manhattan Beach.
• Midland Beach.
• South Beach.

Conclusion

A variety of mental illnesses may qualify a person to have an ESA, an animal that supports the treatment of a mental or emotional health condition. This determination must be made by a licensed mental health professional, who will need to provide an ESA letter in order for your animal to be acknowledged as an ESA.

Under New York ESA housing laws, ESAs have certain rights, such as being protected from housing discrimination. However, travel and workplace accommodations are at the discretion of the airlines and employers, respectively. In these instances, ESAs may be subject to the same fees and limitations as pets.

New York has many pet-friendly establishments, such as bars, restaurants, and beaches. Anywhere a pet is welcome, an ESA is welcome.

Frequently Asked Questions

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