In New York, your ESA housing rights rest first on state law. The New York State Human Rights Law, Executive Law § 296(18), requires housing providers to make reasonable accommodations for tenants with disabilities, and it expressly includes the use of an animal to alleviate the symptoms or effects of a disability. This state protection is enforced by the New York State Division of Human Rights and remains fully active. The federal Fair Housing Act (42 U.S.C. § 3604) provides the same obligation, and that statute has not changed.
Landlords in East Amherst who refuse a valid ESA letter or continue charging pet fees may be in violation of the New York State Human Rights Law and federal law. Complaints can be filed with the New York State Division of Human Rights.