In Oregon, landlords generally cannot refuse to rent to someone who has an emotional support animal. This is because emotional support animals are considered to be a reasonable accommodation for people with disabilities. However, there are some exceptions to this rule. For example, a landlord can refuse to rent to someone with an emotional support animal if the animal poses a direct threat to the health or safety of others. Additionally, a landlord can charge a reasonable pet deposit for an emotional support animal. However, they cannot charge a pet fee. Landlords should be aware of their obligations under the Fair Housing Act and ensure that they are not discriminating against tenants with emotional support animals.
Fair Housing Act and ESA (Emotional Support Animals)
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several characteristics, including disability. In 2020, the US Department of Housing and Urban Development (HUD) clarified that the FHA’s definition of “disability” includes individuals with mental illness, and that reasonable accommodations for tenants with disabilities may include allowing emotional support animals (ESAs) in housing where pets are otherwise prohibited.
ESA and the Fair Housing Act
- ESAs are not considered pets under the FHA.
- Landlords cannot charge extra fees or deposits for ESAs.
- Landlords must allow ESAs in housing where pets are otherwise prohibited.
- Landlords can deny a request for an ESA if the animal poses a direct threat to the health or safety of others.
- Landlords can request documentation from a healthcare professional that the tenant has a disability and needs an ESA.
Landlord’s Rights and Responsibilities
- Landlords can ask for a letter from a healthcare professional stating that the tenant has a disability and needs an ESA.
- Landlords can ask for a description of the animal’s behavior and how it will help the tenant’s disability.
- Landlords can deny a request for an ESA if the animal poses a direct threat to the health or safety of others.
- Landlords can request that the tenant remove the ESA from the premises if it causes damage or disturbs other tenants.
Tenant’s Rights and Responsibilities
- Tenants must provide a letter from a healthcare professional stating that they have a disability and need an ESA.
- Tenants must keep their ESA under control and prevent it from causing damage or disturbing other tenants.
- Tenants must clean up after their ESA and dispose of its waste properly.
- Tenants must comply with all other pet-related rules and regulations in their lease.
| Landlord’s Responsibilities | Tenant’s Responsibilities |
|---|---|
| Allow ESAs in housing where pets are otherwise prohibited. | Provide a letter from a healthcare professional stating that they have a disability and need an ESA. |
| Request documentation from a healthcare professional that the tenant has a disability and needs an ESA. | Keep their ESA under control and prevent it from causing damage or disturbing other tenants. |
| Deny a request for an ESA if the animal poses a direct threat to the health or safety of others. | Clean up after their ESA and dispose of its waste properly. |
| Request that the tenant remove the ESA from the premises if it causes damage or disturbs other tenants. | Comply with all other pet-related rules and regulations in their lease. |
Oregon Landlord-Tenant Laws and ESAs
Emotional support animals (ESAs) are animals that provide comfort and support to people with disabilities. They are not considered pets, and they are protected under the Fair Housing Act (FHA). The FHA prohibits discrimination against people with disabilities, including discrimination based on their need for an ESA.
Oregon landlord-tenant laws provide additional protections for people with ESAs. These laws state that landlords cannot refuse to rent to someone with an ESA, and they cannot charge extra fees or deposits for an ESA.
Oregon Landlord-Tenant Laws and ESAs
- Landlords cannot refuse to rent to someone with an ESA.
- Landlords cannot charge extra fees or deposits for an ESA.
- Landlords must allow ESAs to live in the rental unit.
- Landlords cannot discriminate against people with ESAs in any other way.
If you have an ESA, you should notify your landlord in writing before you move in. You should also provide your landlord with a letter from your doctor or mental health professional that states that you have a disability and that your ESA is necessary for your health.
If your landlord denies your request for an ESA, you can file a complaint with the Oregon Bureau of Labor and Industries (BOLI). BOLI will investigate your complaint and take appropriate action. If there is a discrimination, BOLI may order the landlord to stop discriminating, pay damages to the person who was discriminated against, and provide reasonable accommodations for the ESA.
| Oregon Landlord-Tenant Laws | ESAs |
|---|---|
| Landlords cannot refuse to rent to someone with an ESA. | ESAs are protected under the Fair Housing Act (FHA). |
| Landlords cannot charge extra fees or deposits for an ESA. | ESAs are not considered pets. |
| Landlords must allow ESAs to live in the rental unit. | People with disabilities need ESAs for their health. |
| Landlords cannot discriminate against people with ESAs in any other way. | Discrimination against people with ESAs is illegal. |
Requirement to Provide Reasonable Accommodations for ESAs in Oregon
In Oregon, landlords are legally required to provide reasonable accommodations for tenants who have emotional support animals (ESAs). This means that the landlord cannot deny a tenant’s request for an ESA, and must make reasonable changes to their policies or practices to allow the ESA to live with the tenant. Landlords do have the right to request documentation or proof that the animal is an ESA and ask for specific information about the animal and its role in providing emotional support to the tenant. However, they cannot ask questions about the tenant’s disability or require a specific type of documentation, and they cannot charge a pet deposit or fee for an ESA.
Examples of Reasonable Accommodations
- Allowing the tenant to keep the ESA on the premises, even if the landlord has a “no pet” policy.
- Waiving any pet deposit or fee that the landlord would normally charge.
- Permitting the ESA to accompany the tenant in common areas of the property, such as the lobby or laundry room.
- Making reasonable modifications to the unit to accommodate the ESA, such as installing a pet door or adding a fenced-in area in the yard.
Landlords are not required to make accommodations that would cause an undue hardship or would pose a direct threat to the health or safety of others. This means that a landlord is not required to allow an ESA that is aggressive, destructive, or poses a threat to others. They also do not have to make accommodations that would be unreasonable or impractical, such as allowing an ESA in a building where the presence of animals is prohibited by law.
| Law | Description |
|---|---|
| Oregon Fair Housing Act (ORs 659A.400) | Prohibits discrimination in housing based on disability, including the refusal to make reasonable accommodations for ESAs. |
| Oregon Administrative Rules (OARs 855-091) | Defines ESAs and outlines the requirements for providing reasonable accommodations for ESAs in housing. |
| Oregon Landlord-Tenant Act (ORS 90.300-90.995) | Provides general guidance on the rights and responsibilities of landlords and tenants, including the obligation to provide reasonable accommodations for ESAs. |
ESA Documentation and Oregon Landlords
Oregon landlords are required to comply with the federal Fair Housing Act (FHA), which prohibits discrimination against individuals with disabilities. This includes providing reasonable accommodations, such as allowing tenants to have emotional support animals (ESAs).
To request an ESA, a tenant must provide the landlord with a letter from a healthcare professional stating that the tenant has a disability and that the ESA is necessary to help alleviate symptoms of the disability.
Supporting Documentation
- The letter must be written on the healthcare professional’s letterhead
- Must be signed and dated
- Must state that the tenant has a disability as defined by the FHA
- Must explain why the ESA is necessary to alleviate symptoms of the disability
The landlord cannot ask for additional information about the tenant’s disability or the ESA. The landlord can only deny the request if they can demonstrate that the ESA would cause an undue hardship.
Failure to provide written notification may result in eviction.
Undue Hardship
An undue hardship is a significant difficulty or expense that would be caused by accommodating an ESA. For example, an undue hardship might include:
- A significant increase in the cost of housing
- A direct threat to the health or safety of other tenants or employees
- Damage to property that cannot be repaired or replaced
The landlord must be able to prove that the undue hardship is directly related to the ESA and not to the tenant’s disability.
ESA’s in Oregon
Oregon landlords must allow ESAs in housing with certain limitations, including:
| Characteristic | ESA’s |
|---|---|
| Housing Type | ESAs are allowed in all housing types in Oregon, including single-family homes, apartments, and townhouses. |
| Breed/Size Restrictions | Landlords cannot restrict breeds or sizes of ESAs. |
| Pet Fees | Landlords cannot charge pet fees or deposits for ESAs. |
| Notice | Tenants must provide written notification to their landlord that they have an ESA and a copy of the letter from a healthcare professional. |
Well, there you have it, folks! I hope this article has helped shed some light on the legal landscape surrounding emotional support animals in Oregon. Remember, the laws can be complex, and individual situations may vary, so it’s always best to consult with an attorney or other legal professional if you have specific questions. Thanks for reading, and if you have any more burning legal queries, be sure to drop by again soon. Who knows what other legal mysteries we’ll uncover together? Stay curious, stay informed, and stay tuned for more legal adventures!