Landlords are not allowed to refuse reasonable accommodations for emotional support animals in housing. Refusing to make changes to a property to meet the needs of a person with a disability is considered disability discrimination according to the Fair Housing Act. This means that landlords cannot deny housing to people because they have an emotional support animal, but they can ask for documentation from a health care provider confirming the disability-related need for the animal. In addition, landlords cannot charge extra fees or deposits for emotional support animals.
Landlord’s Duties and Obligations
The Fair Housing Act (FHA) protects individuals with disabilities from discrimination in housing. This includes the right to reasonable accommodations for emotional support animals (ESAs). Landlords are required to allow ESAs in housing, even if they have a no-pets policy.
Reasonable Accommodations
A landlord may request documentation from a qualified professional that the individual has a disability and that the ESA is necessary for their disability. The landlord may also ask for a description of the ESA’s duties and how it will assist the individual with their disability.
The landlord is not required to provide any special accommodations for the ESA other than allowing it to live in the housing unit. The tenant is responsible for any damage caused by the ESA.
Exceptions
There are a few exceptions to the FHA’s protections for ESAs.
- Landlords are not required to allow ESAs in housing that is restricted to people with disabilities.
- Landlords may prohibit ESAs if they pose a direct threat to the health or safety of others.
- Landlords may also prohibit ESAs if they cause significant damage to the property.
Landlord’s Duty to Engage in Dialogue With Tenants
Landlords are required to engage in a dialogue with tenants who request reasonable accommodations for ESAs. This dialogue should include:
- Determining if the individual has a disability and if the ESA is necessary for their disability.
- Determining if the ESA poses a direct threat to the health or safety of others or causes significant damage to the property.
- Negotiating a reasonable accommodation that allows the tenant to keep their ESA in the housing unit.
| Right | Landlord’s Obligation |
|---|---|
| To have an ESA in housing, even if there is a no-pets policy | Must allow the ESA to live in the housing unit |
| To request reasonable accommodations for the ESA | Must engage in a dialogue with the tenant to determine if a reasonable accommodation can be made |
| To be free from discrimination based on disability | Cannot refuse to rent to or evict a tenant because they have an ESA |
Reasonable Accommodation Requirement
The Fair Housing Act (FHA) prohibits landlords from discriminating against tenants with disabilities. This includes refusing to rent to a tenant with a disability or refusing to make reasonable accommodations for a tenant’s disability. A reasonable accommodation is a change to a policy, practice, or procedure that allows a person with a disability to have equal access to housing. In the case of ESAs, a reasonable accommodation may include allowing the tenant to keep their ESA in their housing unit, even if the landlord has a no-pets policy.
To determine if an ESA is a reasonable accommodation, courts will consider a number of factors, including:
- Whether the tenant has a disability that is recognized under the FHA.
- Whether the ESA is necessary to accommodate the tenant’s disability.
- Whether the ESA is a reasonable accommodation.
- Whether the accommodation would create an undue hardship for the landlord.
In most cases, landlords are required to make reasonable accommodations for tenants with disabilities. However, there are some exceptions to this rule. For example, a landlord is not required to make an accommodation that would create an undue hardship. An undue hardship is a significant difficulty or expense that would be caused by the accommodation. In determining whether an accommodation would create an undue hardship, courts will consider factors such as the size and type of the housing unit, the number of tenants living in the housing unit, and the cost of the accommodation.
| Consideration | Description |
|---|---|
| Disability | The tenant’s disability must be recognized under the FHA. |
| Necessity | The ESA must be necessary to accommodate the tenant’s disability. |
| Reasonableness | The ESA must be a reasonable accommodation. |
| Undue Hardship | The accommodation must not create an undue hardship for the landlord. |
Verifying Disability and Need for ESA
In order to determine if a landlord can refuse an ESA, it is important to verify the tenant’s disability and the need for the ESA. This can be done through a variety of sources, including:
- A letter from a healthcare provider that confirms the tenant’s disability and the need for the ESA.
- Documentation of the tenant’s disability, such as a diagnosis or medical records.
- A statement from the tenant explaining how the ESA helps them cope with their disability.
The landlord can request this documentation to verify the tenant’s disability and the need for the ESA, but they cannot deny the ESA based solely on the tenant’s disability. The landlord must also consider the specific needs of the ESA and how it will impact the property.
The following table provides a summary of the key factors that a landlord can consider when evaluating a request for an ESA:
| Factor | Considerations |
|---|---|
| Tenant’s Disability | The landlord can consider the severity of the tenant’s disability and how it affects their daily life. |
| Need for ESA | The landlord can consider how the ESA helps the tenant cope with their disability. |
| Specific Needs of ESA | The landlord can consider the size, breed, and temperament of the ESA, as well as any special needs that the ESA may have. |
| Impact on Property | The landlord can consider the potential impact of the ESA on the property, such as damage to the unit or disruption to other tenants. |
The landlord must balance these factors in order to make a decision about whether or not to allow the ESA. The landlord cannot discriminate against the tenant based on their disability, but they also have a responsibility to protect the property and the rights of other tenants.
Landlord’s Right to Deny an Unreasonable Accommodation
In the United States, landlords are legally required to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs) in their rental units. However, landlords are not required to allow ESAs that would pose a direct threat to the health and safety of others or that would cause substantial damage to the property.
There are several factors that a landlord may consider when determining whether an ESA is reasonable, including:
- The size and weight of the animal
- The type of animal
- The animal’s behavior
- The tenant’s disability
- The impact of the animal on the landlord’s property and other tenants
If a landlord believes that an ESA would pose a direct threat to the health or safety of others or that it would cause substantial damage to the property, they may deny the tenant’s request for an accommodation.
Landlord’s Right to Deny an ESA in Certain Situations
Landlords are not required to allow ESAs in the following situations:
- If the tenant’s request for an accommodation is not reasonable.
- If the ESA would pose a direct threat to the health or safety of others.
- If the ESA would cause substantial damage to the property.
- If the ESA is not a legitimate service animal.
If a landlord denies a tenant’s request for an ESA, the tenant may file a complaint with the Department of Housing and Urban Development (HUD). HUD will investigate the complaint and determine whether the landlord’s denial of the ESA was justified.
| Situation | Landlord’s Decision | Outcome |
|---|---|---|
| A tenant requested an ESA for her anxiety disorder. The landlord denied the request because the ESA was a large breed dog that would be disruptive to other tenants. | Denied | The tenant filed a complaint with HUD. HUD found that the landlord’s denial of the ESA was justified because the dog would have posed a direct threat to the health and safety of other tenants. |
| A tenant requested an ESA for his PTSD. The landlord denied the request because the ESA was a cat that would be disruptive to other tenants. | Denied | The tenant filed a complaint with HUD. HUD found that the landlord’s denial of the ESA was justified because the cat would have caused substantial damage to the property. |
| A tenant requested an ESA for her depression. The landlord denied the request because the ESA was a snake that would be disruptive to other tenants. | Denied | The tenant filed a complaint with HUD. HUD found that the landlord’s denial of the ESA was justified because the snake would have posed a direct threat to the health and safety of other tenants. |
Thanks for sticking with me to the end of this piece. I appreciate you taking the time to learn more about this topic, and I hope you found the information helpful. If you have any questions or comments, please don’t hesitate to reach out. I’m always happy to chat about this stuff. In the meantime, stay tuned for more articles on housing and other legal issues that affect renters and landlords. See you next time!