Fair Housing

In New York, a landlord who allows a non-disabled tenant to have a pet but refuses to allow a disabled tenant to have a service animal or emotional support animal is:

AWithin their rights, because service animals are pets
BViolating fair housing laws by failing to provide a reasonable accommodation for the tenant's disability✓ Correct
CComplying with New York law, which requires all tenants to be treated equally
DPermissibly enforcing their no-pet policy as long as it applies to all tenants

Explanation

Under the federal Fair Housing Act and the New York Human Rights Law, a landlord must provide a reasonable accommodation to a tenant with a disability, including allowing a service animal or emotional support animal even in a no-pet building, if the animal is necessary to afford the tenant equal opportunity to use and enjoy the dwelling.

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