Allow Support Animals in Housing

Paragraph (2) of subdivision 18 of section 296 of the Human Rights Law, which covers private housing, would be amended to clarify that a reason- able accommodation to enable a person with a disability to use and enjoy a dwelling includes the use of an animal to alleviate the symptoms or effects of a disability.

Justification

The Human Rights Law provides that it is unlawful to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. Human Rights Law §§ 296.2-a(d)(2) and 296.18(2).

The Division of Human Rights has found in appropriate circumstances that permitting a person with a disability to maintain an animal as a reason- able accommodation is necessary for the person with a disability to use and enjoy a dwelling. It is reasonable to permit such an accommodation to a housing provider's "no pets" policy, where medical evidence or other professional evidence shows that the animal aids the person with the disability by alleviating the symptoms or effects of a disability.

However, in Kennedy Street Quad, Ltd. v. Nathanson, 62 AD3d 879, 880 (rd Dept 2009), lv. to appeal denied, 13 N.Y.3d 714 (2009), the Appellate Division annulled a determination of the Commissioner of Human Rights which had found that a cooperative housing corporation had discriminated against two shareholders, each of whom had disabilities, by seeking to evict them from their home of thirty years because they maintained a dog on the premises that aided them with their disabilities. The Appellate Division ruled that despite evidence from physicians and a psychologist demonstrating that the dog ameliorated symptoms of their disabilities and was helpful to the individuals with regard to their symptoms, there was still not sufficient evidence that the animal was required in order to use and enjoy the home. See, similarly, Matter of 105 Northgate Coop. v Donaldson, 54 AD3d 414, 416 (2m Dept 2008); Matter of One Overlook Ave. Corp. v New York State Div. of Human Rights, 8 AD3d 286, 287 (2nd Dept 2004). These holdings have had a negative impact on the ability of persons with disabilities to receive a reasonable accommodation relative to a housing provider's policies, as required by Human Rights Law §§ 296.2-a(d)(2) and 296.18(2), and unnecessarily limits these provisions of the Human Rights Law.

This bill would clarify that a person with a disability may demonstrate that a reasonable accommodation is necessary for the use and enjoyment of the premises if appropriate medical and other professional evidence shows that the animal "alleviate S the symptoms or effects of a disa- bility."

Prior legislative history

This bill was introduced in the 2017-2018 session as A.7283 (Depart- mental Bill 44; DER 0117). It passed the Assembly and never came to a vote in the Senate. It was also introduced in the 20152016 session as Assembly Bill Number 9760 (Departmental Bill 102, DHR 01-16). It passed the Assembly and never came to a vote in the Senate.

Fiscal implications

None.

Effective date

Immediate.