Landlords in Michigan cannot deny a person from having an emotional support animal in their rental unit as long as certain conditions are met. The Fair Housing Act protects people with disabilities from discrimination, including the right to have an emotional support animal. Landlords are required to make reasonable accommodations for people with disabilities, including allowing them to have an emotional support animal, even if the animal is not a traditional pet. In order to qualify for an emotional support animal, a person must have a disability that is recognized by the Americans with Disabilities Act and must have a letter from a healthcare professional stating that the animal is necessary for their disability.
Understanding Emotional Support Animals: Definitions and Qualifications
Emotional support animals (ESAs) are therapeutic companions utilized to provide emotional support and reduce symptoms of mental and emotional conditions such as anxiety, depression, PTSD, or other mental health disorders. Unlike service animals trained to perform specific tasks, ESAs provide comfort, alleviate stress, and enhance overall well-being.
To qualify as an emotional support animal, the individual must have a disability or condition that substantially impairs one or more major life activities and be prescribed an ESA by a mental health professional. The ESA must be trained or exhibited to behave appropriately in public and not pose a direct threat to the health and safety of others.
ESA Rights and Landlord Responsibilities
The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities, including those with ESAs. Landlords must adhere to the FHA and provide reasonable accommodations for tenants with ESAs, provided the animal meets the criteria for assistance animals. This includes allowing the ESA to reside with the tenant, waiving pet fees or deposits, and making reasonable modifications to the premises to accommodate the ESA.
Landlords may request documentation from a healthcare provider to verify the individual’s disability and the need for an ESA. However, they cannot deny housing solely based on the presence of an ESA or impose additional fees or restrictions beyond what is necessary for the safety and well-being of the property.
ESA Denials: Limited Circumstances
- Direct Threat to Health and Safety: Landlords may deny an ESA if it poses a direct threat to the health or safety of others. This includes aggressive behavior, destruction of property, or transmitting diseases.
- Unreasonable Accommodation: If the ESA causes substantial physical damage to the premises or disrupts the rights, safety, or enjoyment of others, the landlord may deny the request.
Conclusion
In Michigan, landlords must comply with the FHA and provide reasonable accommodations for tenants with emotional support animals. ESA denials are limited to situations where the animal poses a direct threat to health and safety or causes unreasonable accommodation burdens. Tenants with ESAs should provide appropriate documentation and work collaboratively with landlords to ensure a harmonious living environment for all parties involved.
| ESA Rights | Landlord Responsibilities |
|---|---|
| Accommodation of the ESA | Allow ESA to reside with tenant |
| Waiver of pet fees or deposits | No additional fees or restrictions |
| Reasonable modifications to the premises | Consider requests for modifications |
| Verification from healthcare provider | Provide documentation if requested |
| Non-discrimination | Treat tenant with ESA fairly |
Legal Rights and Protections for Emotional Support Animals in Michigan
Emotional support animals (ESAs) provide valuable comfort and support to individuals with disabilities. In Michigan, ESAs are recognized under the Fair Housing Act (FHA) and the Michigan Persons with Disabilities Civil Rights Act (PWDCRA), which ensures equal housing opportunities for individuals with disabilities.
Rights and Protections under the Fair Housing Act
- Landlords are prohibited from discriminating against tenants based on disability, including denying housing or charging extra fees for ESAs.
- Landlords cannot require a tenant to provide proof or documentation of a disability or the need for an ESA beyond a disability verification form signed by a healthcare professional.
- ESAs are not considered pets and are exempt from pet policies, breed restrictions, and weight limits.
- Landlords are responsible for making reasonable accommodations for tenants with ESAs, such as allowing the animal in the rental unit and providing access to common areas.
Protections under the Michigan Persons with Disabilities Civil Rights Act
- PWDCRA offers broader protection for ESAs compared to the FHA.
- Landlords cannot deny housing to individuals with ESAs, regardless of the size, breed, or weight of the animal.
- Landlords are prohibited from charging extra fees or deposits for ESAs, and they cannot require a tenant to purchase insurance for the animal.
- ESAs are allowed in all public areas of a rental unit, including common areas, hallways, and laundry facilities.
| Fair Housing Act (FHA) | Michigan Persons with Disabilities Civil Rights Act (PWDCRA) | |
|---|---|---|
| Proof or Documentation Required | Disability verification form signed by a healthcare professional | Not required |
| Pet Policies, Breed Restrictions, and Weight Limits | ESAs are exempt | ESAs are exempt |
| Extra Fees or Deposits | Landlords cannot charge extra fees or deposits for ESAs | Landlords cannot charge extra fees or deposits for ESAs |
| Access to Common Areas | Landlords are responsible for providing access to common areas for ESAs | ESAs are allowed in all public areas of a rental unit |
Please note that landlords may still request a reasonable accommodation request from a tenant who wishes to keep an ESA in their rental unit. This request should be made in writing and should include documentation from a healthcare professional verifying the disability and the need for the ESA. Landlords are required to engage in an interactive process with the tenant to determine a reasonable accommodation that allows the tenant to enjoy the full use and benefit of their rental unit while also protecting the rights of other tenants.
Common Landlord Concerns and Considerations Regarding ESAs
In Michigan, landlords may have certain concerns and considerations about emotional support animals (ESAs), including:
- Risk of Damage to Property: Landlords may be concerned that ESAs could cause damage to their property, such as scratching furniture or carpets.
- Noise Issues: ESAs, especially dogs, may bark or whine, which could be disruptive to other tenants.
- Liability Concerns: Landlords may be concerned about potential liability if an ESA injures someone on the property or causes damage to property.
- Health and Safety Concerns: Landlords may be concerned about the health and safety of other tenants, especially if the ESA is not properly trained or socialized.
- Insurance Concerns: Landlords may be concerned that their insurance policy may not cover damage caused by an ESA.
- Screening and Reference Checks: Landlords may screen potential tenants to ensure that they have responsible and well-trained ESAs.
- Pet Deposits or Fees: Landlords may charge pet deposits or fees to cover potential damage caused by ESAs.
- Pet Addendum: Landlords may add a pet addendum to the lease agreement to outline the responsibilities of tenants with ESAs and the consequences for violations.
- Reasonable Accommodations: Landlords are required to make reasonable accommodations for ESAs, such as providing a specific area for the animal or waiving pet fees.
- Denial of ESA: In rare cases, landlords may deny an ESA if they can demonstrate that the accommodation would create an undue hardship or pose a direct threat to the health and safety of others.
- A letter from a qualified mental health professional stating that the tenant has a disability and that the ESA is necessary to accommodate that disability.
- The letter should include the tenant’s name, the name of the ESA, and a description of the ESA’s duties.
- The letter should also be dated and signed by the mental health professional.
- Allowing the tenant to have the ESA in the rental unit.
- Waving any pet fees or deposits.
- Making reasonable modifications to the rental unit to accommodate the ESA, such as installing a pet door or adding a litter box.
- Providing the tenant with access to common areas, such as the pool or laundry room, with the ESA.
To address these concerns, landlords may take certain steps, such as:
To help ensure a smooth and harmonious living environment for all tenants, landlords and tenants should work together to address any concerns or issues regarding ESAs in a timely and cooperative manner.
| Concern/Consideration | Potential Landlord Action | Tenant Responsibility |
|---|---|---|
| Risk of Damage to Property | Charge a pet deposit or fee | Ensure the ESA is well-trained and socialized |
| Noise Issues | Require a quiet enjoyment clause in the lease | Train the ESA to be quiet and respectful of others |
| Liability Concerns | Require the tenant to carry renter’s insurance | Ensure the ESA has all necessary vaccinations and licenses |
| Health and Safety Concerns | Screen potential tenants to ensure they have responsible and well-trained ESAs | Provide documentation from a healthcare professional about the need for an ESA |
| Insurance Concerns | Contact their insurance company to discuss coverage for ESAs | Provide documentation of the ESA’s training and temperament |
Accommodation Requests and Reasonable Modifications for Emotional Support Animals
In Michigan, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs) in their rental units. This means that landlords cannot deny a tenant’s request for an ESA based solely on the fact that the animal is not a traditional pet. However, landlords may require tenants to provide documentation from a qualified mental health professional stating that the tenant has a disability and that the ESA is necessary to accommodate that disability.
Landlords may also request that tenants pay a reasonable pet deposit or fee for an ESA. However, the deposit or fee cannot be more than the amount that the landlord would charge for a traditional pet. Additionally, landlords cannot charge a higher rent for tenants with ESAs.
If a landlord denies a tenant’s request for an ESA, the tenant may file a complaint with the Michigan Department of Civil Rights. The department will investigate the complaint and may take action against the landlord if they find that the landlord has violated the tenant’s rights.
Documentation for Emotional Support Animals
Reasonable Accommodations for Emotional Support Animals
| Accommodation Request | Reasonable Modification |
|---|---|
| Tenant requests to have an ESA in the rental unit | Landlord allows the tenant to have the ESA in the unit without charging a pet fee or deposit |
| Tenant requests to use the pool with the ESA | Landlord provides the tenant with access to the pool during specific hours when the pool is not open to other residents |
| Tenant requests to have a litter box in the rental unit | Landlord installs a litter box in the unit at the tenant’s expense |
Well folks, that’s what we have today. A landlord can deny ESA in Michigan, but there are laws in place to protect tenants. It’s not always easy, but you should be able to find a landlord who is willing to work with you. For more info, visit our website again later, or better yet, subscribe to our newsletter – you’ll be the first to know about any changes or updates. Thanks for staying with me today.