🏢 What Landlords in New York Can (and Can’t) Ask About Your ESA

Living with an Emotional Support Animal (ESA) in New York means you have rights — but what exactly can your landlord ask about your ESA when you request accommodations? Understanding what questions are allowed and what crosses the legal line will help protect your privacy and ensure your ESA needs are respected.

In this 2025 guide, we’ll break down the do’s and don’ts for landlords in New York regarding ESAs.

✅ What Landlords CAN Ask

Under the Fair Housing Act (FHA) and New York state law, landlords may ask for limited information to verify your need for an ESA accommodation, but their questions must be reasonable and respect your privacy.

• 1. Proof of Disability: Landlords can ask if you have a disability or mental health condition that qualifies you for an ESA.
• 2. ESA Letter: They can request a legitimate ESA letter from a licensed healthcare professional that states your need for the animal.
• 3. Animal Type and Behavior: Landlords may ask what kind of animal it is and if it is well-behaved and won’t cause damage.

These questions help landlords ensure they are providing reasonable accommodation without unnecessary intrusion.

🚫 What Landlords CAN’T Ask

There are clear boundaries landlords must follow to protect your privacy:

• 1. Detailed Medical Information: Landlords cannot ask for specifics about your diagnosis, treatment, or medical history.
• 2. Access to Medical Records: They are not allowed to request your medical records or contact your healthcare provider.
• 3. Pet Deposits or Fees: Landlords cannot charge extra pet deposits or fees for ESAs.
• 4. License or Registration: There is no official ESA registry, so landlords cannot demand registration or licensing documents for your ESA.

Respecting these limits protects you from discrimination and ensures fair treatment.

💡 Tips for Communicating with Your Landlord

• ✔️ Provide a clear, valid ESA letter from a licensed New York professional.
• ✔️ Answer only the questions landlords are legally allowed to ask.
• ✔️ Keep communication professional and in writing whenever possible.
• ✔️ Know your rights and politely remind landlords if they overstep.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific questions or disputes, consult a qualified legal professional.