In New York, your ESA housing rights rest first on state law. The New York State Human Rights Law (Executive Law § 296) requires housing providers to make reasonable accommodations for people with disabilities, including 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 West Seneca who refuse a valid ESA letter or continue charging pet fees may be in violation of the New York State Human Rights Law (Executive Law § 296) and federal law. Complaints can be filed with the New York State Division of Human Rights.