Landlords may refuse an emotional support animal (ESA) if they can demonstrate a legitimate reason. For example, if an ESA poses a direct threat to the health or safety of others, or if the animal would cause substantial physical damage to the property, the landlord may deny the request. Also, if allowing an ESA would fundamentally alter the nature of the housing provider’s operations, the landlord can deny the request.
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. Emotional support animals (ESAs) are considered assistive animals under the FHA, which means that landlords cannot discriminate against tenants who have ESAs. In addition to the Fair Housing Act, state and local laws may also provide additional protections for tenants with emotional support animals.
Landlord Responsibilities:
- Cannot deny housing to qualified individuals with service animals, including emotional support animals.
- Cannot impose additional fees or deposits for emotional support animals.
- Must make reasonable accommodations for emotional support animals, such as allowing the animal to live in the unit and access common areas.
Tenant Responsibilities:
- Provide documentation from a healthcare provider or mental health professional that the individual has a disability and that the emotional support animal is necessary to assist with the disability.
- Keep the emotional support animal under control and prevent it from causing damage to the property or disturbing other tenants.
- Follow all applicable pet rules and regulations, such as leashing the animal in common areas and cleaning up after it.
It’s important to note that emotional support animals are not the same as service animals, which are dogs that are specifically trained to perform tasks for individuals with disabilities. Service animals are allowed in all public places, including housing, without restriction. Table below summarizes the key differences between service animals and emotional support animals.
| Characteristic | Service Animal | Emotional Support Animal |
|---|---|---|
| Type of Animal | Dog | Any animal |
| Training | Tasks to mitigate disability | Comfort and support |
| Access | Public places and housing | Housing and sometimes public places |
| Documentation | Required from trainer or provider | Required from healthcare or mental health provider |
If you have an emotional support animal and are having trouble finding housing, there are several resources available to help you. The National Fair Housing Alliance (NFHA) offers a free hotline (1-800-669-9777) and website (www.nationalfairhousing.org) with information and assistance. You can also contact your local fair housing agency for help.
Documentation Requirements for Emotional Support Animals
Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals (ESAs). However, landlords may request documentation to verify that the animal is an ESA.
The documentation requirements for ESAs can vary from state to state, but generally speaking, landlords may request the following:
- A letter from a healthcare professional stating that the tenant has a disability and that the animal is necessary to provide emotional support for the tenant.
- A description of the tenant’s disability and how the animal helps to mitigate the effects of the disability.
- Proof that the animal has been trained to behave in a public setting.
The documentation should be provided to the landlord in writing. Landlords are not allowed to deny a tenant’s request for an ESA based on the breed, size, or weight of the animal.
Landlords are also not allowed to charge a pet deposit or pet rent for an ESA. However, landlords may charge a reasonable fee to cover the cost of any damages caused by the animal.
| Required Documentation | Who Provides It |
|---|---|
| Letter stating the need for an Emotional Support Animal (ESA) | Licensed healthcare professional, such as a psychiatrist, therapist, or doctor |
| Proof of disability | Healthcare professional or government agency |
| Proof of training | Animal trainer or behaviorist |
Landlord’s Right to Verify Emotional Support Dog’s Legitimacy
Under the Fair Housing Act (FHA), landlords are prohibited from discriminating against tenants with disabilities, including those who rely on emotional support animals (ESAs). However, landlords have the right to verify the legitimacy of an ESA and request documentation from the tenant.
Landlord’s Rights
- Request Proof of Disability: A landlord may ask for proof that the tenant has a disability, but they cannot ask for the specific diagnosis.
- Request ESA Verification: Landlords can request a signed letter from a healthcare professional stating that the tenant has a disability and needs an ESA.
- Limit Breed or Size Restrictions: Landlords cannot impose breed or size restrictions on ESAs, but they can request a reasonable accommodation if the animal poses a direct threat to the health or safety of others.
- Deny ESA if It Causes Damage: A landlord can deny an ESA if it causes damage to the property or poses a threat to other tenants.
Tenant’s Responsibilities
- Provide ESA Documentation: Tenants must provide documentation from a healthcare professional verifying the need for an ESA.
- Ensure ESA’s Good Behavior: Tenants are responsible for ensuring their ESA’s good behavior. If the ESA causes damage or poses a threat, the landlord can take action.
| Information | Required |
|---|---|
| Tenant’s name | Yes |
| Healthcare professional’s name and license number | Yes |
| Date of the letter | Yes |
| Statement that the tenant has a disability | Yes |
| Statement that the ESA is necessary to alleviate the tenant’s disability | Yes |
| Type of disability | No |
| Specific diagnosis | No |
Resolving Disputes
If a landlord and tenant disagree about the legitimacy of an ESA or the need for an accommodation, they should try to resolve the dispute informally. If they cannot reach an agreement, they can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the local fair housing agency.
Reasonable Accommodations and Emotional Support Animals
In the United States, the Fair Housing Act (FHA) protects individuals with disabilities from discrimination in housing and requires landlords to make reasonable accommodations for tenants with disabilities. An emotional support animal (ESA) is a type of assistance animal that provides therapeutic benefits to individuals with psychiatric disabilities. Landlords are generally prohibited from discriminating against tenants with ESAs by denying them housing or refusing to make reasonable accommodations for their animals.
What is a Reasonable Accommodation?
- A reasonable accommodation is a change, adaptation, or adjustment to a rule, policy, practice, or service that is necessary to allow a person with a disability to have an equal opportunity to use and enjoy a dwelling. Examples of reasonable accommodations include:
- Permitting an ESA in a housing unit, even if pets are otherwise prohibited; and
- Waiving pet fees, deposits, and other charges associated with having a pet.
What is an Emotional Support Animal?
- An ESA is a dog or, in some cases, another animal that provides emotional support to an individual with a disability. ESAs typically provide comfort and companionship to individuals with mental or emotional disabilities, such as depression, anxiety, or post-traumatic stress disorder (PTSD).
- In order to qualify as an ESA, the animal must be prescribed by a mental health professional, and the individual must have a disability that substantially limits one or more major life activities.
Landlord Requirements
- Landlords are required to comply with the FHA’s reasonable accommodation provisions, including providing reasonable accommodations for tenants with ESAs.
- Landlords may require tenants to provide documentation from a mental health professional verifying that the animal is an ESA and that the individual has a disability that substantially limits one or more major life activities.
| Situation | Landlord’s Rights | Tenant’s Rights |
|---|---|---|
| Tenant requests permission to have an ESA in a housing unit where pets are otherwise prohibited. | May require tenant to provide documentation from a mental health professional verifying that the animal is an ESA and that the individual has a disability that substantially limits one or more major life activities. | Has the right to have their ESA in the housing unit without being charged pet fees, deposits, or other charges associated with having a pet. |
| Landlord believes that the ESA is causing damage to the property or is disruptive to other tenants. | May take reasonable steps to address the problem, such as requiring the tenant to remove the animal from the property or to pay for any damage caused by the animal. | Has the right to a hearing to contest the landlord’s decision. |
| Tenant moves out of the housing unit and leaves the ESA behind. | May charge the tenant for the cost of removing the animal from the property. | Has the right to reclaim the ESA or to have the animal placed in a new home. |
Thanks for reading this informative piece about emotional support dogs and landlords’ rights. We hope you found it helpful in understanding your rights and responsibilities as a tenant and a pet owner. Remember, knowledge is power, and being informed is the best way to advocate for yourself and your furry friend. If you have any further questions or encounter any challenges related to this topic, don’t hesitate to reach out to a qualified professional or legal expert for guidance. Keep an eye out for our upcoming articles on related topics, and we hope to see you again soon with more insightful content. In the meantime, remember to give your emotional support dog a big hug and appreciate the bond you share. Take care, have a wonderful day, and keep reading!