Ask Altagracia: My landlord says no pets allowed but I have an emotional support animal. Can they evict me?

Laws at the federal, state, and city level allow for tenants with disabilities to keep an emotional support animal (ESA). “This means you have a defense in housing court if your landlord attempts to evict you,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. 

You will, however, need to provide the relevant paperwork documenting your need for an ESA.

Asserting your rights with a letter to your landlord

A demand letter signals to your landlord that you are prepared to assert your rights. “The letter should explain that the animal is a service or emotional support animal,” Pierre-Outerbridge said. Under relevant discrimination laws, assistance and service animals are not considered pets.

You also need to provide evidence that the animal is for emotional support and explain that the landlord will face a discrimination claim from the New York City Commission on Human Rights if eviction is pursued. When Pierre-Outerbridge writes these letters for clients, she also tells the landlord that her client will seek legal fees if the case proceeds to court. 

In your letter to the landlord you may want to pose a solution that accommodates both sides, such as an offer to use the service elevator if there are tenants with allergies. “All animals in residential buildings, regardless of whether they are pets or service or support animals, are subject to nuisance, public health, and safety laws,” Pierre-Outerbridge said. 

Support your defense with relevant documentation

Gathering the relevant paperwork proving the animal is indeed for emotional support purposes will involve obtaining an ESA letter from a doctor or other medical professional confirming your need for an accommodation. “A letter from a therapist should suffice,” Pierre-Outerbridge said. 

Under the law it doesn’t matter when the ESA letter was obtained. “A tenant could properly obtain the letter after they’ve been asked to vacate with their dog and it will not diminish their defense,” Pierre-Outerbridge said. You either have a disability or you do not so your intention  does not play into it. “A landlord can’t question the professional’s letter—that is discrimination,” Pierre-Outerbridge added. 

Know the 90-day rule—and why it doesn’t apply to ESAs

For tenants who do not have a disability, there is a doctrine called “open and notorious,” better known as the 90-day rule. “If you’ve kept the dog openly and notoriously for three months, the landlord waives the right to object to it,” Pierre-Outerbridge said. 

Even so, if your animal is for emotional support, it doesn’t matter if you’ve had it for one day or three years. Your landlord faces a discrimination case if they seek to remove you on the basis of legitimately having an ESA. “The New York City Commission on Human Rights will also issue fines if a discrimination case is successful,” Pierre-Outerbridge said.

Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.

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