In some places, a landlord cannot ask if a person has an emotional support animal (ESA). If asked, a person does not have to answer. This rule applies to rental applications as well. Instead of asking about an ESA directly, a landlord can request verification from a doctor or mental health professional. The verification should state that the person has a disability, and that the ESA is necessary to help them with their disability.
Landlord’s Responsibilities Regarding ESAs
Landlords have specific responsibilities under the Fair Housing Act (FHA) when it comes to Emotional Support Animals (ESAs). These responsibilities include:
- Accepting ESAs: Landlords cannot discriminate against tenants with ESAs. They must allow tenants to keep their ESAs in their rental units, even if the landlord has a no-pets policy.
- Waiving Pet Fees and Deposits: Landlords cannot charge pet fees or deposits for ESAs. ESAs are not considered pets under the FHA.
- Making Reasonable Accommodations: Landlords must make reasonable accommodations for tenants with ESAs. This may include allowing the tenant to make modifications to the unit to accommodate the ESA, such as installing a pet door or adding a fence to the yard.
- Protecting the Privacy of Tenants with ESAs: Landlords cannot disclose that a tenant has an ESA without the tenant’s consent. They must also keep the tenant’s ESA information confidential.
Landlords who fail to comply with their responsibilities under the FHA may face legal action. Tenants who are discriminated against because of their ESA can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Tenant’s Responsibilities Regarding ESAs
- Providing Documentation: Tenants must provide their landlord with documentation from a healthcare professional that their ESA is necessary for their disability. This documentation should include a letter from the healthcare professional stating that the tenant has a disability and that the ESA is necessary to help them cope with their disability.
- Complying with Pet Policies: Tenants with ESAs must still comply with the landlord’s pet policies, such as leash laws and noise restrictions. They must also keep their ESA under control and prevent it from causing damage to the rental unit.
- Being Responsible for Their ESA: Tenants are responsible for the care and well-being of their ESA. This includes providing food, water, shelter, and veterinary care.
Tenants who fail to comply with their responsibilities regarding their ESA may be subject to eviction.
Additional Resources
- U.S. Department of Housing and Urban Development (HUD): Assistance Animals
- U.S. Department of Justice: Service Animals
- Animal Legal Defense Fund: Reasonable Accommodations for Assistance Animals in Housing
| State | Law | Summary |
|---|---|---|
| California | AB 468 | Prohibits landlords from discriminating against tenants with ESAs. |
| Florida | SB 1020 | Requires landlords to make reasonable accommodations for tenants with ESAs. |
| Illinois | HB 1361 | Prohibits landlords from charging pet fees or deposits for ESAs. |
Fair Housing Act and Emotional Support Animals (ESAs)
The Fair Housing Act (FHA) is a federal civil rights law that prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. The FHA also protects people with disabilities from discrimination in housing when they use emotional support animals (ESAs).
Who is Covered by the FHA?
- People with disabilities
- Family members of people with disabilities
- People associated with people with disabilities
What is an Emotional Support Animal (ESA)?
- An ESA is a companion animal that provides comfort or emotional support to a person with a disability.
- ESAs can be any type of animal, including dogs, cats, rabbits, fish, or birds.
- ESAs do not have to be trained to perform specific tasks.
Do I Have to Disclose My ESA to My Landlord?
Yes. Under the FHA, you are required to disclose your ESA to your landlord when you apply for housing or when you request a reasonable accommodation. You must provide your landlord with a letter from a healthcare professional that states that you have a disability and that your ESA provides you with emotional support.
What Can My Landlord Do?
- Your landlord cannot deny you housing because you have an ESA.
- Your landlord cannot charge you a pet fee or deposit for your ESA.
- Your landlord may ask you to provide documentation from a healthcare professional that states that you have a disability and that your ESA provides you with emotional support.
- Your landlord may impose reasonable restrictions on your ESA, such as requiring that it be kept on a leash or that it not be allowed in certain areas of the property.
What If My Landlord Refuses to Allow My ESA?
If your landlord refuses to allow your ESA, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also file a lawsuit against your landlord in federal court.
| Who is covered by the FHA? | People with disabilities, family members of people with disabilities, and people associated with people with disabilities. |
| What is an ESA? | A companion animal that provides comfort or emotional support to a person with a disability. |
| Do I have to disclose my ESA to my landlord? | Yes. |
| What can my landlord do? | Cannot deny you housing, cannot charge you a pet fee or deposit, may ask for documentation, and may impose reasonable restrictions. |
| What if my landlord refuses to allow my ESA? | File a complaint with HUD or file a lawsuit in federal court. |
Reasonable Accommodations for Emotional Support Animals (ESAs)
The Fair Housing Act (FHA) recognizes Emotional Support Animals (ESAs) as a reasonable accommodation for individuals with disabilities. Landlords are required to make reasonable accommodations for ESAs as long as the animal does not pose a direct threat to the health or safety of others. These accommodations may include allowing the ESA to live on the premises with the tenant, waiving pet fees or deposits, and allowing the tenant to make modifications to their unit to accommodate the ESA. Here are some of the common accommodations that landlords are required to make:
- Allowing the ESA to live on the premises with the tenant, even if the landlord has a no-pets policy.
- Waiving pet fees or deposits for the ESA.
- Allowing the tenant to make reasonable modifications to their unit to accommodate the ESA, such as installing a pet door or adding a ramp for a dog with mobility issues.
- Providing accessible common areas and amenities to the tenant and their ESA, such as elevators and designated relief areas.
Landlords are not required to make accommodations for ESAs that would pose a direct threat to the health or safety of others. For example:
- A landlord is not required to allow an ESA that is aggressive or has a history of biting.
- A landlord is not required to allow an ESA that is excessively noisy or disruptive.
- A landlord is not required to allow an ESA that is a health hazard, such as an animal with an infectious disease.
If a landlord refuses to make a reasonable accommodation for an ESA, the tenant may file a complaint with the Department of Housing and Urban Development (HUD).
| Landlord’s Obligations | Tenant’s Responsibilities |
|---|---|
| Allow ESA on premises | Keep ESA under control |
| Waive pet fees/deposits | Provide proof of disability |
| Allow reasonable modifications | Provide proof of ESA training |
| Provide accessible common areas | Clean up after ESA |
Documentation and Verification of ESAs
When disclosing an Emotional Support Animal (ESA) to a landlord, providing proper documentation and verification is essential. Here’s a detailed guide to help you navigate this process:
1. Type of Documentation
- ESA Letter: Obtain a letter from a licensed mental health professional stating that you have a disability and an ESA is necessary to alleviate your symptoms.
- Documentation of Disability: Provide medical records or a statement from a healthcare provider confirming your disability.
- Proof of Relationship: Submit evidence demonstrating the bond between you and your ESA, such as photos or videos of you interacting with the animal.
2. Verification Process
Landlords may request additional verification to ensure the legitimacy of your ESA. This may include:
- Contacting the Mental Health Professional: The landlord may contact the mental health professional who wrote the ESA letter to verify its authenticity.
- Requesting a Personal Interview: The landlord may arrange a face-to-face meeting to discuss your disability and the role of your ESA in managing your symptoms.
- Verifying Medical Records: The landlord may ask for access to your medical records to confirm the existence of your disability.
3. Table Summarizing Documentation and Verification Requirements
| Documentation | Verification |
|---|---|
| ESA Letter | Contacting the mental health professional |
| Documentation of Disability | Requesting medical records |
| Proof of Relationship | Personal interview |
Remember, disclosing your ESA doesn’t guarantee automatic approval. Landlords have the right to deny ESA requests if the animal poses a direct threat to the health or safety of others or if its presence would cause significant physical damage to the property.
Well folks, that’s about all I’ve got for you today on the sometimes confusing, often frustrating topic of when and to whom you have to disclose your darling ESA. I hope I’ve helped to clear things up a bit, but, of course, in matters of law, particularly when it changes suddenly, it’s always advisable to consult an attorney or other legal expert if you want to be 100% sure about your particular situation. For more information and updates, feel free to check back here often. Your comments and questions are welcome in the box below. Thanks for reading!