Landlords in Ohio can deny an emotional support animal if they can demonstrate that the animal poses a direct threat to the health or safety of others. The landlord must provide proof of the threat, such as a history of violence or destruction of property by the animal. The landlord is not required to make an exception for an emotional support animal if the animal would cause significant financial hardship for the landlord, such as the need for extensive modifications to the property. The landlord must engage in a good faith interactive process with the tenant to determine if there is a reasonable accommodation that can be made to allow the animal to stay on the property. If no reasonable accommodation can be found, the landlord may deny the tenant’s request for an emotional support animal.
Fair Housing Act and Emotional Support Animals
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. The FHA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Emotional disorders are included as disabilities under the FHA.
The FHA requires landlords to make reasonable accommodations for tenants with disabilities. This may include allowing tenants to keep emotional support animals (ESAs) in their housing, even if the landlord has a no-pets policy.
To qualify for an ESA, a person must have a disability that is recognized under the FHA and must be prescribed an ESA by a healthcare professional.
Landlord’s Responsibilities
- Accept an ESA without requiring a pet deposit or fee.
- Make reasonable accommodations for the ESA, such as allowing the animal to live in the housing unit and to accompany the tenant in common areas.
- Provide the tenant with a copy of the ESA policy.
Tenant’s Responsibilities
- Provide the landlord with documentation of the disability and the need for an ESA.
- Keep the ESA under control at all times.
- Clean up after the ESA.
ESA Requirements
| Characteristic | Requirement |
|---|---|
| Type of animal | Any animal can be an ESA, but dogs and cats are the most common. |
| Size | There is no size limit for ESAs. |
| Training | ESAs do not need to be trained, but they must be well-behaved. |
| Documentation | A letter from a healthcare professional is required to document the disability and the need for an ESA. |
ESA Misconceptions
- ESAs are not service animals. Service animals are trained to perform specific tasks for people with disabilities. ESAs do not have to perform tasks.
- ESAs are not pets. ESAs are prescribed by healthcare professionals to help people with disabilities live independently. They are not just companion animals.
- You do not need to register your ESA. There is no national registry for ESAs. You only need a letter from a healthcare professional to document the need for an ESA.
Legal Protections for Tenants with Disabilities
Landlords in Ohio are prohibited from discriminating against tenants with disabilities, including those who have emotional support animals (ESAs). This protection is provided under the Fair Housing Act (FHA), which is a federal law that prohibits discrimination in housing based on several characteristics, including disability.
- The FHA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, or learning.
- ESAs are considered reasonable accommodations for tenants with disabilities under the FHA.
- Landlords are required to allow ESAs in their properties, even if they have a no-pets policy.
Landlords are not allowed to charge extra fees or deposits for ESAs. They also cannot require tenants to provide documentation of their disability or the need for an ESA.
Landlord’s Responsibilities
- Allow ESAs in their properties, even if they have a no-pets policy.
- Cannot charge extra fees or deposits for ESAs.
- Cannot require tenants to provide documentation of their disability or the need for an ESA.
Tenant’s Responsibilities
- Provide a letter from a healthcare professional stating that the tenant has a disability and needs an ESA.
- Keep the ESA under control and prevent it from causing damage to the property.
- Clean up after the ESA and make sure it does not disturb other tenants.
| Rights | Responsibilities |
|---|---|
| Allowed to live in housing with an ESA, even if there is a no-pets policy. | Provide a letter from a healthcare professional stating that the tenant has a disability and needs an ESA. |
| Not charged extra fees or deposits for an ESA. | Keep the ESA under control and prevent it from causing damage to the property. |
| Not required to provide documentation of their disability or the need for an ESA. | Clean up after the ESA and make sure it does not disturb other tenants. |
Ohio Laws Regarding Emotional Support Animals
Ohio law, like other state laws, allows for reasonable accommodations for individuals with emotional support animals (ESAs). Understanding your rights and responsibilities as a tenant or landlord is crucial.
Rights of Tenants with Emotional Support Animals
- Right to Fair Housing: Tenants with disabilities, including emotional or mental disabilities, are protected under the federal Fair Housing Act (FHA) and the Ohio Fair Housing Law. These laws prohibit discrimination based on disability, including denying housing or imposing unreasonable restrictions on ESAs.
- Right to Reasonable Accommodations: Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing ESAs. A reasonable accommodation may include waiving no-pet policies or pet fees, modifying leasing agreements, or allowing ESAs in areas where pets are typically prohibited.
Landlord’s Responsibilities
- Assessing the Need: Landlords can request documentation from a healthcare professional to verify the disability and the need for an ESA. This documentation may include a letter or a signed statement from a licensed mental health professional.
- Evaluating the Request: Landlords must evaluate each request for an ESA on a case-by-case basis. Factors to consider include the nature of the disability, the specific benefits provided by the ESA, and any potential harm or safety concerns.
- Prohibiting Dangerous Animals: Landlords may prohibit ESAs that pose a direct threat to the health or safety of others. Aggressive or untrained animals may fall under this category.
- Requesting Additional Information: Landlords may ask for additional information, such as proof of vaccinations, training records, or a pet deposit, to ensure the safety and well-being of the property and other tenants.
| Who | Rights | Responsibilities |
|---|---|---|
| Tenant | Fair Housing Rights | Provide verification of disability and ESA need |
| Landlord | Can request documentation | Evaluate requests on a case-by-case basis |
It is important to emphasize that emotional support animals are not considered service animals under Ohio law. Service animals are specifically trained for tasks related to a disability, such as guiding the visually impaired or alerting to medical emergencies. ESAs provide emotional support and comfort but are not required to perform specific tasks.
Landlords and tenants should work together to find reasonable accommodations that balance the needs of both parties. Clear communication and mutual respect can help ensure a harmonious living environment for all.
Documenting the Need for an Emotional Support Animal
In Ohio, landlords are prohibited from discriminating against tenants with disabilities, including those who rely on emotional support animals (ESAs). To request an ESA, tenants must provide documentation from a qualified mental health professional that:
- Diagnoses the tenant with a disability recognized under the Fair Housing Act (FHA).
- Prescribes the ESA as a reasonable accommodation for the tenant’s disability.
- States that the tenant is under the care of the mental health professional.
The documentation must be current and specific to the tenant’s disability and need for an ESA.
Additional Information
- Landlords cannot charge additional fees or deposits for ESAs.
- ESAs are not considered pets and are exempt from breed or size restrictions.
- Landlords may request a reasonable accommodation for an ESA, such as a pet deposit or a signed agreement that the tenant will be responsible for any damage caused by the animal.
| Requirement | Description |
|---|---|
| Diagnosis of Disability | A qualified mental health professional must diagnose the tenant with a disability recognized under the FHA. |
| Prescription for ESA | The mental health professional must prescribe the ESA as a reasonable accommodation for the tenant’s disability. |
| Statement of Care | The mental health professional must state that the tenant is under their care. |
| Currency | The documentation must be current and specific to the tenant’s disability and need for an ESA. |
Hey folks, thanks for sticking with me to the end of this emotional support animal ride. I know it can be a ruff subject, especially for those of you with furry companions that provide comfort and support. Remember, Ohio state law generally protects tenants with emotional support animals, so don’t let any landlord try to ruff you up. If you have any other landlord-related questions, be sure to check out our blog again soon. Until then, keep calm and paw-ty on!