In Michigan, landlords have the right to deny an emotional support animal if the animal poses a direct threat to the health or safety of others, or if it would cause substantial physical damage to the property. The landlord must be able to provide evidence of the threat or damage, and must first try to accommodate the animal before denying the request. Additionally, landlords are not required to allow animals in common areas, such as lobbies, hallways, or pools. If a tenant has an emotional support animal, they should provide the landlord with a letter from a mental health professional stating that the animal is necessary for their well-being.
Michigan’s Fair Housing Act and Emotional Support Animals
The Michigan Fair Housing Act (MFHA) is a civil rights law that protects individuals from discrimination in housing. The MFHA prohibits discrimination based on several factors, including:
- Race
- Color
- Religion
- National origin
- Sex
- Familial status
- Disability
- Marital status
- Age
- Veteran status
The MFHA protects individuals with disabilities from discrimination in housing, including discrimination based on the use of emotional support animals (ESAs).
ESAs are animals that provide emotional support to individuals with disabilities. ESAs can help people with disabilities cope with their symptoms and improve their quality of life.
Landlords are generally required to allow tenants with disabilities to have ESAs in their rental units. However, there are some exceptions to this rule. For example, landlords may deny a request for an ESA if:
- The animal poses a direct threat to the health or safety of others.
- The animal would cause substantial physical damage to the property.
- The request is unreasonable.
If a landlord denies a request for an ESA, the tenant can file a complaint with the Michigan Department of Civil Rights.
Exceptions to the Rule
In addition to the exceptions listed above, landlords may also deny a request for an ESA if:
- The housing is a single-family home that is rented without a real estate broker or agent, and the landlord does not own more than three single-family homes.
- The housing is owner-occupied and has no more than four units.
- The housing is a housing cooperative or a retirement community.
- The housing is transient housing, such as a hotel or motel.
Conclusion
The MFHA protects individuals with disabilities from discrimination in housing, including discrimination based on the use of ESAs. However, landlords may deny a request for an ESA in certain circumstances.
| Protected Class | Protected Characteristic | Permissible Discrimination |
|---|---|---|
| Individuals with disabilities | Use of emotional support animals | Landlords may deny a request for an ESA if: |
Reasonable Accommodation vs. Undue Hardship
In Michigan, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs). However, landlords are not required to make accommodations that would cause them undue hardship.
The following are some factors that courts consider when determining whether an accommodation is reasonable:
- The nature and severity of the tenant’s disability
- The effectiveness of the ESA in alleviating the tenant’s disability
- The size and type of the ESA
- The impact of the ESA on the landlord’s property and other tenants
- The cost of the accommodation
The following are some examples of accommodations that may be considered reasonable:
- Permitting an ESA in an “otherwise pet-free” rental unit, as long as the ESA is kept exclusively inside the unit’s living area
- Waiving pet fees or deposits for an ESA
- Allowing an ESA to accompany its owner in common areas of the property, such as the laundry room or pool
The following are some examples of accommodations that may be considered an undue hardship:
- Requiring a landlord to install an elevator for a tenant with a mobility disability
- Permitting an ESA in a rental unit shared by multiple tenants, if the ESA would cause a hardship for the other tenants
- Allowing an ESA in a rental unit that is subject to a homeowner’s association that prohibits pets
| Accommodation | Reasonable? |
|---|---|
| Permitting an ESA in an “otherwise pet-free” rental unit | Yes, as long as the ESA is kept exclusively inside the unit’s living area |
| Waiving pet fees or deposits for an ESA | Yes |
| Allowing an ESA to accompany its owner in common areas of the property, such as the laundry room or pool | Yes, but the ESA may be restricted from certain areas, such as the pool, if it poses a risk to other tenants |
| Requiring a landlord to install an elevator for a tenant with a mobility disability | No |
| Permitting an ESA in a rental unit shared by multiple tenants, if the ESA would cause a hardship for the other tenants | No |
| Allowing an ESA in a rental unit that is subject to a homeowner’s association that prohibits pets | No |
Landlord’s Obligations and Limitations in Michigan
In Michigan, landlords have specific obligations and limitations regarding emotional support animals (ESAs). These guidelines are outlined by state and federal fair housing laws, ensuring equal housing opportunities for individuals with disabilities.
Landlord’s Obligations
Reasonable Accommodation
- Landlords must make reasonable accommodations for tenants with disabilities, including allowing ESAs in their rental properties.
- Reasonable accommodation could include modifying policies, practices, or services to accommodate the tenant’s ESA.
- Landlords cannot charge extra fees or deposits specifically for ESAs. However, they can charge pet fees or deposits for other pets.
Verification of Disability and ESA
- Landlords can request documentation from a healthcare professional or licensed mental health professional verifying the tenant’s disability and the necessity of an ESA.
- The documentation should include the tenant’s diagnosis, the functional limitations caused by the disability, and how the ESA alleviates those limitations.
ESA Behavior and Nuisance
- Landlords can impose reasonable rules and regulations regarding ESAs to protect the health and safety of other tenants and the property.
- ESAs must be under the control of their handlers and cannot cause damage or create a nuisance to other tenants.
- If an ESA’s behavior becomes a nuisance, the landlord can take appropriate action, including issuing a warning, or in severe cases, eviction, in accordance with the lease agreement and applicable laws.
Landlord’s Limitations
- Landlords cannot deny housing to tenants with disabilities solely because they have an ESA.
- Landlords cannot impose breed or size restrictions on ESAs, unless a specific breed or size poses a direct threat to the health and safety of others.
- Landlords cannot charge extra fees or deposits for ESAs, unless they are reasonable and cover the actual costs incurred by the landlord in accommodating the ESA.
| Landlord Obligation | Landlord Limitation |
|---|---|
| Make reasonable accommodations for tenants with disabilities, including allowing ESAs | Cannot deny housing to tenants with disabilities solely because they have an ESA |
| Can request documentation from a healthcare professional verifying the tenant’s disability and the necessity of an ESA | Cannot impose breed or size restrictions on ESAs, unless a specific breed or size poses a direct threat |
| Can impose reasonable rules and regulations regarding ESAs to protect the health and safety of other tenants and the property | Cannot charge extra fees or deposits for ESAs, unless they are reasonable and cover the actual costs incurred by the landlord in accommodating the ESA |
Documenting Emotional Support Animal
The Fair Housing Act (FHA) protects individuals with disabilities from discrimination in housing. This includes the right to have an emotional support animal (ESA) in a rental unit. Landlords are generally not allowed to deny a request for an ESA, but they can ask for documentation to prove that the animal is needed for a disability.
Documentation requirements
- A letter from a healthcare professional stating that the person has a disability and that the animal provides emotional support.
- The letter should include the type of disability, the symptoms of the disability, and how the animal helps to alleviate the symptoms.
- The letter should be written on letterhead and signed by the healthcare professional.
In addition to the letter, the landlord may also ask for other documentation, such as a pet license or a certificate of training. However, the landlord cannot require the person to provide a specific type of documentation.
Landlord’s responsibilities
- Once the landlord has received the documentation, they must make a reasonable accommodation for the ESA.
- This may include allowing the animal to live in the rental unit, waiving pet fees or deposits, or allowing the animal to have access to common areas.
- The landlord cannot charge extra rent for the ESA or require the person to purchase pet insurance.
Tenant’s responsibilities
- The person with the disability is responsible for keeping the ESA under control and preventing it from causing damage to the rental unit or to other people.
- The person must also clean up after the animal and dispose of its waste properly.
- The person may be liable for any damage caused by the animal.
Legal remedies
- If a landlord denies a request for an ESA or fails to make a reasonable accommodation, the person with the disability may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
- HUD can investigate the complaint and take appropriate action, such as ordering the landlord to make a reasonable accommodation or pay damages.
| Landlord Responsibilities | Tenant Responsibilities |
|---|---|
| Allow the animal to live in the unit | Keep the animal under control |
| Waive pet fees or deposits | Prevent the animal from causing damage |
| Allow the animal to access common areas | Clean up after the animal |
| Dispose of animal waste properly |
Hey readers, thanks for sticking with me through this deep dive into the world of emotional support animals and landlord rights in Michigan. I know it’s a topic that’s close to many people’s hearts, and I hope this article has shed some light on the legal landscape. Remember, every situation is unique, so if you’re facing a housing-related issue involving an emotional support animal, it’s always best to consult with an attorney who specializes in landlord-tenant law. In the meantime, keep an eye out for more informative and engaging content coming your way. Thanks again for reading, and I’ll catch you next time!