In Florida, landlords are generally prohibited from denying tenants the right to keep an emotional support animal. This protection applies to both private landlords and public housing providers. Landlords cannot refuse to rent to someone because they have an emotional support animal, and cannot charge extra fees or deposits for the animal. However, there are a few exceptions to this rule. Landlords can deny an emotional support animal if the animal poses a direct threat to the health or safety of others, or if the animal would cause substantial physical damage to the property. Landlords can also ask for documentation from a qualified mental health professional that the tenant has a disability and needs the animal for emotional support.
Landlord’s Duties and Responsibilities:
Landlords in Florida have specific duties and responsibilities regarding emotional support animals (ESAs). These responsibilities include:
- Complying with the Fair Housing Act: The Fair Housing Act prohibits discrimination against individuals with disabilities, including those who use ESAs. Landlords must comply with the Fair Housing Act by allowing ESAs in their rental units, provided that the ESA meets certain criteria.
- Evaluating ESA Requests: When a tenant requests an ESA, the landlord must evaluate the request in a timely manner. The landlord may require documentation from a qualified professional, such as a therapist or psychologist, to verify the need for the ESA.
- Providing Reasonable Accommodations: Landlords are required to make reasonable accommodations for tenants with ESAs. This may include waiving pet fees or deposits, allowing the ESA to live in the unit, and allowing the tenant to take the ESA with them in common areas.
- Preventing Nuisance or Harm: Landlords are responsible for preventing nuisance or harm caused by ESAs. This may include taking steps to address complaints from other tenants, ensuring that the ESA is properly trained, and requiring the tenant to clean up after the ESA.
- Enforcing Pet Policies: Landlords may have pet policies that apply to all tenants, including those with ESAs. These policies may include restrictions on the size, type, or number of pets allowed in a unit. Landlords must enforce these policies in a fair and consistent manner.
| Criteria | Explanation |
|---|---|
| Direct Threat | The ESA poses a direct threat to the health or safety of others, which cannot be reduced or eliminated by reasonable accommodation. |
| Fundamental Alteration | The ESA would fundamentally alter the nature of the housing provider’s business or operation. |
| Unreasonable Financial Burden | The accommodation of the ESA would result in an undue financial burden for the landlord. |
Reasonable Accommodation Requests
When requesting an emotional support animal (ESA) in Florida, it is essential to follow the appropriate steps to ensure a reasonable accommodation request. Here’s a guide to help you navigate the process:
1. Request in Writing
- Submit a written request to your landlord formally requesting an ESA accommodation.
- Include relevant documentation, such as a letter from a licensed mental health professional.
2. Timing Matters
- Make the request in a timely manner, allowing sufficient time for the landlord to assess and respond.
- Provide the necessary information promptly.
3. Be Specific
- Clearly state the need for the ESA, including the specific disability it helps alleviate.
- Describe the animal’s role in providing emotional support.
4. Support the Request
- Attach a letter from a mental health professional or other qualified individual.
- The letter should explain the disability, the need for an ESA, and how the animal alleviates symptoms.
By following these steps and providing thorough documentation, you increase the likelihood of your reasonable accommodation request being approved.
| Date | Landlord’s Name and Address |
|---|---|
| Dear [Landlord’s Name], | [Property Address] |
| I am writing to formally request an accommodation to allow my emotional support animal, [Animal’s Name], to reside with me at [Property Address]. I have a disability that substantially limits one or more major life activities, and my ESA provides essential emotional support that helps alleviate the symptoms of my disability. | |
| I have attached a letter from my mental health professional, [Professional’s Name], which explains my disability, the need for an ESA, and how [Animal’s Name] specifically helps me manage my symptoms. | |
| [Animal’s Name] is a [Type of Animal] and is well-behaved, trained, and housebroken. I take full responsibility for [Animal’s Name]’s care and will ensure that it does not cause any damage or disturbance to the property or other tenants. | |
| I believe that allowing [Animal’s Name] to reside with me is a reasonable accommodation that would allow me to fully enjoy my housing and live independently. I would greatly appreciate your prompt consideration of this request. | |
| Thank you for your attention to this matter. | |
| Sincerely, | |
| [Your Name] | |
Fair Housing Act Protections
The Fair Housing Act prohibits landlords from discriminating against tenants based on disability. This includes denying a tenant’s request for an emotional support animal (ESA) or charging an extra fee or deposit for an ESA. In Florida, landlords are required to make accommodations for tenants with disabilities, including providing reasonable accommodations for ESAs.
To qualify for an ESA, the tenant must have a disability and must be prescribed an ESA by a mental health professional. The ESA must be a comfort animal that provides emotional support to the tenant.
- Examples of emotional support animals include:
Landlords are not required to accommodate ESAs that are considered to be dangerous or that cause significant damage to the property. Additionally, landlords are not required to accommodate ESAs in common areas or areas where food is served.
| Tenant Obligations | Landlord Obligations |
|---|---|
| Provide documentation from a mental health professional that the tenant has a disability and that the ESA is prescribed to provide emotional support. | Allow the tenant to keep the ESA in the rental unit. |
| Keep the ESA under control and prevent it from causing damage to the property. | Waive any pet fees or deposits for the ESA. |
| Clean up after the ESA and dispose of its waste properly. | Make reasonable accommodations for the ESA, such as allowing the tenant to take the ESA into common areas or areas where food is served. |
Documentation Requirements for Emotional Support Animals in Florida
According to Florida law, landlords cannot discriminate against tenants with emotional support animals (ESAs). However, landlords may require proof that the animal is indeed an ESA. This proof can come in a variety of forms, but it must be from a licensed mental health professional.
Documentation Requirements
- A letter from a licensed mental health professional stating that the tenant has a disability and that the ESA is necessary to accommodate that disability.
- The letter must be on the professional’s letterhead and must include the professional’s contact information.
- The letter must state the specific disability that the ESA is needed to accommodate.
- The letter must state that the ESA is trained to perform tasks that help the tenant with their disability.
Landlords may also require tenants to provide proof that the ESA is up-to-date on its vaccinations and that it is properly licensed.
Landlords Cannot Deny ESAs
Landlords cannot deny a tenant’s request for an ESA if the tenant provides the required documentation. Landlords also cannot charge a pet deposit or pet rent for an ESA.
If a landlord denies a tenant’s request for an ESA or charges a pet deposit or pet rent, the tenant may file a complaint with the Florida Commission on Human Relations.
Reasonable Accommodations
Landlords must make reasonable accommodations for tenants with ESAs. This may include allowing the ESA to live in the tenant’s unit, even if the landlord has a no-pets policy. Landlords may also need to make changes to their policies or procedures to accommodate the ESA.
For example, a landlord may need to allow a tenant with a PTSD-related ESA to bring their dog to the pool, even if the pool is normally closed to pets.
ESA Requirements for Landlords
| Documentation Landlord Can Request | Documentation Landlord Cannot Request |
|---|---|
| A letter from a licensed mental health professional stating that the tenant has a disability and that the ESA is necessary to accommodate that disability. | A letter from a medical doctor |
| Proof that the ESA is up-to-date on its vaccinations and that it is properly licensed. | A pet deposit or pet rent |
| A copy of the ESA’s training certificate | A DNA test to verify the breed of the ESA |
Thanks for sticking with me through all that legal jargon. I know it can be tough to understand, but I hope this article has shed some light on the topic of emotional support animals in Florida. If you’re still unsure about anything, feel free to reach out to a lawyer or other legal professional for more information. In the meantime, thanks for reading, and I hope you’ll come back and visit again soon!