ESA Question in New York

[Patrick McCracken]

Hi all,

I'm in New York (Buffalo area)...I have a "no pets" policy in my duplex, but have a tenant who has been there for 4 months now asking if it's a possibility to get a pet and pay a pet deposit because it's been recommended that her 6 year old son get an Emotional Support Animal for extreme anxiety. 

I want to be sensitive to this but at the same time we have a "no pets" policy for a reason. I asked her what kind of animal she was thinking and she said her daughter is really allergic to cats so it would have to be a dog (but not a puppy). She even said she's not 100% on a dog right now but wanted to broach the subject to see what our thoughts were. Honestly, I was hoping she would want a cat because a dog has the ability to scratch up our very nice hardwoods and also bark all day, which will annoy the upstairs tenants (who also work from home). Upstairs tenants are GREAT, pay rent early every month. The last thing I want to do is drive them away.

She is asking respectfully, which I appreciate, but I just want to know what my rights are in this specific instance. Really wondering if I have any right to determine what type of ESA animal they get (like if I can outlaw a dog because it would cause problems for the upstairs tenants).

Any feedback would be greatly appreciated! 😊