The therapy dogs I have known are taken to places to interact with people to help those people, not the owner. They have gone through some training and are tested (and certified) to be calm with strangers.

Emotional support animals are to assist their owner in overcoming some emotional issue.

Service animals are highly trained to "work" for their owners in helping them with physical issues. Seeing eye, hearing assistance, even sensing a seizure coming. Those dogs are highly trained in their service. Those that flunk out are adopted to where they don't have to work.

Be careful with denying because the applicant uses the wrong terminology. Unless you have something in writing or documented that they used the wrong term, down the road it would be easy for them to claim that you denied their ESA, and when the judge asks it will be "your word vs. the applicant" and my guess is the judge would rule in favor of the less sophisticated tenant. Particularly since you are in the position to know what the multiple types of critters are. There may be an additional burden on your part to clarify. I don't know. You could be right...or not.

In NY (so far) ONLY service animals are protected (in the sense of what we are discussing) because they PERFORM a function (like what LindaJ said above) - they do something / perform a task for the person/owner (see, smell, hear, keep the owner from danger/dangerous circumstances, etc).

Therapy animals, emotional support animals, etc are NOT protected because they are not trained and do not "perform" a task (yes, sadly sitting on the owners lap in a restaurant being petted is not performing a task). Obviously be very careful with this on what you say, how you say it, etc. and it would be best that you find a different reason to deny. It simply could be that another person filled out an application and was a "stronger" applicant (animal or no animal).

cjl, NY law is superseded by federal law, and federal law (Federal Fair Housing) DOES protect ESAs as a "reasonable accommodation."

From HUD: " Persons with disabilities may request a reasonable accommodation for any assistance animal,

Sid has it right (and cjl is incorrect about NY not having to deal with protected Emotional Support Animals). We are talking about a Federal law here -- no state can override that.

That being said, in this case, I would reply -- IN WRITING if possible -- with a simple statement that you do not accept Therapy Animals. I would leave it at that. If she replies that she meant ESA, then that is different.

Like Sid said, you can't just deny on the idea that "if they can't even get their terms correct, then it isn't a valid animal." The reality is that people screw them up all the time -- even landlords that should know better -- and that doesn't necessarily get you out of following the law.

So, in this case, I would just answer her question about Therapy Animals and say that you don't take them. But just be ready for her to go "I thought you had to take them by law!" I would reply that "We accept Service Animals and Emotional Support Animals as required by law, but not Therapy Animals." She'll then likely say "Oh, I meant Emotional Support Animal." I'd reply that we take them as required by law with proper documentation from a healthcare professional. And then leave it at that. If she applies, so be it (and I'd then give her my written statement of what I require for the ESA). If she doesn't, then that's fine too.

- John...

In a single family house, sometimes a renter with a dog will be an excellent long term tenant. However, if no one is at home during the day, and the dog is left inside. This is a recipe for disaster.

I had a roommate, cousin, who's family was renting a 5 bedroom home call and say that she was moving. Last night when she was walking down the hall on the way to a common bathroom, she stepped in a pile of dog droppings.

I was lied too. This cousin had never lived with the family and didn't know her dogs dropped poop anywhere when they couldn't get out.

So I told the household thay had to change the way they managed their dogs...The cost to replace the laminate flooring would be $3,250.00.

Ken,

Print out that email and file it where you can find it up to 2 years from now.

If they actually apply, and write THERAPY, I would reply that the owner does not allow therapy animals at this home.

Meanwhile, market like a crazy person and get it filled!

Robert J: You are talking about a PET. That has little to do with the situation being discussed here.

- John...

Once upon a time.....really not that long ago we had pets and a few service animals. Now we have an alphabet soup of letters to describe these same pets, but to do so in a manner where the owner doesn't think they are responsible for the poor animal.

Of course -- we all do. But times have changed and we can't ignore it. Things are different now.

- John...