Q: I lately moved right into a rental with a one-year lease. I selected this condominium partially as a result of I believed I’d be capable to get a canine. (The lease mentioned “no pets with out proprietor’s permission,” so I assumed a canine would at the least be up for dialogue.) Nonetheless, the language within the welcome packet was stricter, saying, “no pets within the constructing, no exceptions.” A technique round this might be to say that I would like an emotional help animal. However my landlord may see this for what it’s — a workaround — and never renew my lease when it expires. How would you deal with this case?
A: The New York Metropolis Human Rights Legislation protects New Yorkers towards discrimination for disabilities, and that features tenants who want an emotional help animal. The welcome bundle you acquired violates these guidelines by not permitting for exceptions to the constructing’s no-pets coverage, and the constructing may very well be reported to the Human Rights Fee.
For those who want an emotional help animal to offer help or help to assist deal with the signs of a incapacity, inform your landlord. You’ll have to incorporate a letter in help from a well being care supplier, though you don’t want to reveal an underlying situation. Your landlord should accommodate your request except it creates an undue hardship.
“Go to our web site and print out that reality sheet and share that with the owner and say, ‘Here’s what the Fee on Human Rights has to say about emotional help animals,’” mentioned Jose Rios Lua, the manager director of communications and advertising for the Human Rights Fee, which enforces the legislation.
If the owner rejects your request, you can file a grievance with the fee, which might examine your declare. When you have no want for an emotional help animal, then your solely possibility is to ask your landlord for an exception to the no-pet coverage, explaining that you simply intend to be proprietor. For those who’ve owned a canine earlier than, you can cite that as proof of your duty. However any exception to the rule could be at your landlord’s discretion.
For those who do want an emotional help animal, might your landlord retaliate towards you and never renew your lease on the finish of the time period? It’s potential, however it might be a violation of state rental legal guidelines and the Human Rights Legislation, which protects towards retaliation. For those who challenged a nonrenewal, you’d have a powerful case, based on Darryl M. Vernon, a lawyer who represents individuals with companion animals. The owner might even be on the hook on your authorized charges. Provided that threat, “The owner may actually again off,” Mr. Vernon mentioned.
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