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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My adult daughter moved back from over seas with an emotional

Customer Question

My adult daughter moved back from over seas with an emotional support dog I live in a co op that does not allow dogs. Do I have a leg to stand on
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Good morning. I certainly understand the situation and your concern. You may have a legl to stand on and it really depends on the purpose of the dog. Tenants who have a bona fide need to have a pet for assistance, comfort or emotional support may lawfully keep their pets in no-pet buildings. In order to qualify for such accommodation, a tenant must have a qualifying handicap under the Federal Fair Housing Act (the “Act”) or disability under the Americans with Disabilities Act (the “ADA”) (both terms have the same legal meaning), or the Human Rights Law of New York State (the “NYS Human Rights Law” or New York City Civil Rights Law (the “NYC Civil Rights Law”).The Act defines a person with a handicap as (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment. The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.In New York City, in order to obtain a Service Dog (as defined below), an individual must provide documentation of a disability or need for an accommodation from a doctor or other licensed professional providing psychotherapy pursuant to the Act or NYC Civil Rights Law to the New York City Department of Health and Mental Hygiene. Those granted permission to own Service Dogs are required to further register their dogs as Service Dogs. Service dogs in NYC are issued a special cross-shaped brass tag to identify that the dog has been registered as a Service Dog by the New York City Department of Health and Mental Hygiene.Additionally, the ADA’s revised regulations maintained the Department of Justice’s position that companion dogs and emotional support animals are not included in the definition of “service animal.” The difference between a “companion dog” and “emotional support animal” from a “psychiatric service animal” is the work or tasks that the animal performs including but not limited to guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, or calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack. The revised ruling states, “the provision of emotional support, well-being, comfort, or companionship… does not constitute work or tasks for the purposes of this definition. In New York City, for a tenant to keep a “comfort pet” or “emotional support animal” in a no-pet building, the tenant must provide evidence that he or she has a disability which impedes the use and enjoyment of their apartment. Additionally, the tenant must also identify a fact-specific connection between their disability and the “comfort pet” or “emotional support animal.” Evidence of the tenant’s need for a “comfort pet” or “emotional support animal” can be provided by a doctor or other licensed professional providing psychotherapy.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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