NYC co-op boards have historically wielded near-total control over what animals can live in their buildings. But federal and New York State law significantly constrain what even the strictest co-op board can do when a resident has a documented ESA.
The FHA Applies to Co-ops
Some boards argue the Fair Housing Act applies differently to co-ops. Courts have consistently rejected this argument. The FHA applies to co-ops, and NYC Admin Code §27-2009.1 explicitly bans breed and size restrictions for service animals and ESAs.
What Co-op Boards CANNOT Do with ESAs
- Enforce a no-pet policy against a shareholder with a documented ESA
- Charge ESA owners additional fees or impose special requirements
- Deny a sublease application solely because the proposed sublessee has an ESA
- Ignore or delay ESA accommodation requests
NYC's "Pet Law" — Bonus Protection for Conventional Pets
NYC Admin Code §27-2009: if you openly keep a pet in a no-pet building for 90 days with the landlord's knowledge, you gain a right to keep that pet. This applies to conventional pets — ESAs have separate, stronger federal protections.
What Co-op ESA Owners Should Do
- Submit your accommodation request in writing to the co-op board
- Provide ESA documentation from a licensed LMHP
- Request written response within 10 business days
- If denied, file with NY Division of Human Rights and HUD simultaneously
Resources
- NY Division of Human Rights: dhr.ny.gov
- NYC Commission on Human Rights: nyc.gov/cchr