In Minnesota, landlords cannot deny renting to tenants with emotional support animals. This protection is outlined in the Minnesota Human Rights Act, which prohibits discrimination based on disability. Emotional support animals are considered a reasonable accommodation for people with disabilities, and landlords are required to allow them in their properties, even if they have a no-pets policy. Additionally, landlords cannot charge extra fees or deposits for emotional support animals; their treatment should be the same as other pets. If a landlord denies housing to a tenant with an emotional support animal, the tenant can file a complaint with the Minnesota Department of Human Rights.
Fair Housing Act and Emotional Support Animals
According to the Fair Housing Act, it is against the law for landlords to discriminate against tenants based on their disability or any other protected characteristic. This includes discrimination based on a person’s need for an emotional support animal (ESA). Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing them to keep ESAs in their rental units, even if the unit has a “no pets” policy.
Reasonable Accommodations for Emotional Support Animals
- Landlords are required to allow tenants to keep ESAs in their rental units, even if the unit has a “no pets” policy.
- Landlords can require tenants to provide documentation from a healthcare professional stating that the tenant has a disability and that the ESA is necessary to accommodate the disability.
- Landlords cannot charge pet fees or deposits for ESAs.
- Landlords cannot evict tenants because of their ESAs.
Landlord’s Rights
Landlords have the right to ask tenants with ESAs to provide documentation from a healthcare professional stating that the tenant has a disability and that the ESA is necessary to accommodate the disability.
Landlords can also set reasonable rules and regulations for ESAs, such as requiring that the animal be leashed in common areas and that the tenant clean up after the animal.
Tenant’s Responsibilities
- Tenants with ESAs are responsible for keeping their animals under control and preventing them from causing damage to the rental unit or injuring other people.
- Tenants must also clean up after their animals and dispose of their waste properly.
Enforcement of the Fair Housing Act
Tenants who believe that they have been discriminated against because of their need for an ESA can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate the complaint and may take action against the landlord, such as ordering the landlord to stop discriminating or pay damages to the tenant.
Action Responsibility Provide documentation of disability and need for ESA Tenant Allow ESA in rental unit Landlord Set reasonable rules and regulations for ESA Landlord Keep ESA under control and prevent damage or injury Tenant Clean up after ESA and dispose of waste properly Tenant File complaint with HUD if discriminated against Tenant Landlords’ Rights and Responsibilities
In Minnesota, landlords have specific rights and responsibilities regarding emotional support animals (ESAs). Understanding these rights and responsibilities can help ensure compliance with state law and prevent potential disputes with tenants.
Landlord’s Rights:
- Right to Request Documentation: Landlords can ask for documentation to verify the legitimacy of an ESA. This documentation may include a letter from a qualified mental health professional stating the need for the ESA.
- Accommodation Limits: Landlords may limit the size, breed, or type of ESA if reasonable accommodation can still be provided.
- Deny Reasonable Accommodation: Landlords can deny an ESA if the request is unreasonable or if the animal poses a direct threat to the health or safety of others.
- Charge Pet Fees: Landlords can charge pet fees or deposits for ESAs, as long as they are consistent with pet fees charged to other tenants.
Landlord’s Responsibilities:
- Provide Reasonable Accommodation: Landlords must provide reasonable accommodation for tenants with ESAs, unless it poses a direct threat or is an undue hardship.
- No Breed or Size Restrictions: Landlords cannot impose breed or size restrictions on ESAs unless there is a legitimate safety concern.
- Treat ESAs as Pets: Landlords must treat ESAs as any other pet under their rental policies, including pet deposits and fees.
- Maintain Clean and Safe Environment: Landlords are responsible for maintaining a clean and safe living environment for all tenants, including those with ESAs.
State Fair Housing Laws State Fair Housing Laws Minnesota Minnesota Human Rights Act (MHRA)
Minnesota Fair Housing Act (MFHA)Reasonable Accommodations for Tenants with Disabilities
In Minnesota, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs). This means that landlords cannot deny housing to tenants with ESAs, and they must allow ESAs to live in the rental unit. However, landlords are not required to make accommodations that would be an undue burden or that would fundamentally alter the nature of the housing.
Examples of Reasonable Accommodations
- Allowing a tenant to have an ESA in the rental unit
- Waiving pet fees or deposits for ESAs
- Modifying housing policies to allow ESAs, such as allowing ESAs in common areas
Examples of Unreasonable Accommodations
- Requiring a tenant to pay a pet deposit for an ESA
- Restricting the size or breed of ESA that a tenant can have
- Requiring a tenant to provide proof of disability or a letter from a doctor for an ESA
Landlord’s Obligations
Landlords are required to engage in the interactive process with the tenant to determine what reasonable accommodations can be made for an emotional support animal. Landlords need to allow reasonable accommodations for a tenant’s disability. Landlords are required to consider a tenant’s request to have an ESA as a reasonable accommodation. Landlords may require documentation from a healthcare professional that the tenant has a disability and that the ESA is necessary to assist with the disability.
Tenant’s Obligations
Tenants are responsible for providing documentation of their disability and the need for an ESA. They are also responsible for keeping their ESA under control and ensuring that it does not cause any damage or disruption to the property or other tenants.
Provider Landlord’s Responsibility Tenant’s Responsibility Therapy Animal Allow the covered animal to enter a public location Be under the control of the handler Emotional Support Animal Allow the covered animal to live in housing Pay for any damage caused by the animal Service Animal Allow the covered animal to enter a public location and housing Have the animal appropriately trained Documentation Requirements for Emotional Support Animals
In Minnesota, landlords are required to provide reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs). To qualify for an ESA, the tenant must provide documentation from a licensed mental health professional stating that the animal is necessary to alleviate symptoms of a disability. The documentation should include the following information:
- The tenant’s name and contact information
- The date of the evaluation
- The mental health professional’s license number and state of licensure
- A diagnosis of the tenant’s disability
- A statement that the animal is necessary to alleviate symptoms of the disability
- A description of the specific tasks or services the animal provides
The landlord may request additional documentation, such as a letter from the tenant’s doctor or therapist, or a copy of the tenant’s medical records. However, the landlord cannot deny a request for an ESA based on the breed, size, or weight of the animal.
If a landlord denies a request for an ESA, the tenant may file a complaint with the Minnesota Department of Human Rights. The department will investigate the complaint and may take action against the landlord, including ordering the landlord to provide reasonable accommodations for the tenant.
The following table summarizes the documentation requirements for ESAs in Minnesota:
Document Required Information Letter from a licensed mental health professional - Tenant’s name and contact information
- Date of the evaluation
- Mental health professional’s license number and state of licensure
- Diagnosis of the tenant’s disability
- Statement that the animal is necessary to alleviate symptoms of the disability
- Description of the specific tasks or services the animal provides
Additional documentation (optional) - Letter from the tenant’s doctor or therapist
- Copy of the tenant’s medical records