Q: I recently moved right into a rental property with a one-year lease. I selected this apartment partially because I believed I could get a dog. (The rental agreement said “no pets without owner’s permission” so I assumed the dog would a minimum of be discussed.) However, the language within the welcome pack was sharper, saying “no pets within the constructing, no exceptions.” One way around this might be to say that I would like an emotional support animal. But my landlord can see it for what it’s – a workaround – and never renew my lease when it expires. How would you handle this example?
AND: New York Human Rights Act protects New Yorkers from discrimination based on a disability, including tenants who need the emotional support of an animal. The welcome pack you received violates these rules because it doesn’t allow exceptions to the constructing’s no-pet rules and the constructing could also be reported to the Human Rights Commission.
If you wish an animal’s emotional support to supply support or help with symptoms of a disability, tell the owner. You might have to incorporate a letter of support from a healthcare skilled, although you don’t want to reveal the underlying condition. Your landlord must comply together with your request, unless it causes undue hardship.
“Go to our website and print this fact sheet, share it with the owner and say, ‘Here’s what the Human Rights Commission has to say about emotional support animals,’ said Jose Rios Lua, executive director of selling for the Human Rights Commission The man who enforces the law.
If the owner rejects your request, you possibly can complain to the board who will investigate your claim. If you do not need the animal’s emotional support, your only option is to ask the owner for an exception to the no-pet rules, explaining that you just intend to be a great owner. If you have had a dog before, you possibly can cite that as evidence of your responsibility. But any exception to the rule can be on the discretion of the owner.
If you wish emotional support, can your landlord take revenge on you and never renew the lease at the top of the term? This is feasible, nevertheless it can be a violation of state tenancy laws and the Human Rights Act, which protects against retaliation. According to Darryl M. Vernon, an attorney representing individuals with pets, in the event you were to challenge the contract extension, you’d have a robust case. The landlord may even be charged your legal fees. Given this risk, “the owner can really pull back,” Mr. Vernon said.
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