NY state hosts and new ESA rule?

[Justine275]

Hey there- I host in upstate NY and haven’t been able to find the state law that pertains to STR and charging a fee for emotional support animals. Can anyone in New York state (not the city since I believe they have their own regulations) weigh in? I just saw this update:

“You can charge a pet fee for an emotional support animal, except in places where applicable laws may not allow it, such as California and New York.“

https://www.airbnb.com/resources/hosting-homes/a/what-you-need-to-know-about-hosting-pets-463

[Lorna170]

@Justine275   I just did a cursory search on the web for more information pertinent to being able to charge pet fees in NY state but was not able to find anything that directly pertained to vacation rental properties.  All of the rulings and articles referenced long term rentals.

IMO, if you are a rental property owner who allows pets but asks for a pet fee to handle additional cleaning, etc., (as I am) work with your guests on a case by case basis.  HONEST pet owners will tell you that they are bringing a pet and will pay your fee.   Hopefully you will not get too many of the dishonest penny pinchers claiming Fifi is a service dog/ESA and ignoring your need to charge for the additional cleaning required after a pet visit.

(Just had a wonderful guest but a nightmare pet -- they were only here for 2 nights, but the dog must have been bald when they left.  I had to empty the vacuum bag twice.)

[Danielle1096]

I have been searching the far corners of the earth and cannot find any shred of evidence that being a host in New York has any special laws for ESA in transient housing. Hotels deny them as well and I would like to know what makes air think we don’t have the same right?

[Debra300]

@Justine275,

This is what I found via Google:  https://www1.nyc.gov/assets/cchr/downloads/pdf/materials/EmotionalSupportAnimals_Housing_FactSheet.p...

[Justine275]

Thank you! But since I’m not in NYC I’m looking for statewide regulations that would apply. 

[Mark116]

@Justine275 I looked online and didn't find anything definitive either.  Call or email your state rep.'s office and ask the constituent services people to give you an answer anda copy of the current applicable statutes.    I would guess, but  you can never be sure, that CA and NY DO still have in place protections for ESAs the same as service animals. I'd also tell them that ESAs and service animals are nothing closew to the same and that the law should be changed.

[Debra300]

@Justine275.

Sorry, I didn't pay close attention to your specific location in the state.  However, I think I found what you're looking for on the NY Attorney General's site:

https://ag.ny.gov/sites/default/files/serviceanimals-english.pdf

This is a snip from page 2

[Helen3]

Stop spamming this forum @Emil3363