In New York, your ESA housing rights rest first on state law. Under Executive Law § 296(18)(2), a housing provider's refusal to make reasonable accommodations in rules, policies, practices or services is unlawful, and the statute names the use of an animal to alleviate the symptoms or effects of a disability as one of those accommodations. 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 Fire Island 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.