Rental Laws for Emotional Support Animals
Anthony A. Luna • August 16, 2024
Navigating Emotional Support Animals:
A Landlord's Guide
If you've ever tried to lease out one of your vacant rental units, you've likely encountered the topic of emotional support animals (ESAs). This can be a touchy subject, especially if you’ve had negative experiences with pets on your property. However, it's crucial to understand that in the eyes of the law, ESAs are not classified as pets, and confusing the two could lead to legal trouble.
At Coastline Equity, we prioritize protecting our clients' investments by ensuring compliance with fair housing regulations. Let’s break down what an ESA really is and the laws that landlords must follow.
Is an Emotional Support Animal a Pet? Understanding the Legal Differences
What is an Emotional Support Animal? Key Definitions You Need to Know
- Assistance Animal: A broad term covering any animal that provides assistance to a person with a disability. This includes both service animals and emotional support animals.
- Service Animal: A trained animal that performs specific tasks to assist an individual with a disability (e.g., a guide dog for someone with impaired vision).
- Emotional Support Animal (ESA): An animal, trained or untrained, that provides emotional or other support to a person with a disability. Unlike pets, ESAs help their owners manage symptoms of their disability.
- Pets: Privately-owned animals that do not fall under the legal protections afforded to Assistance Animals.
Fair Housing Laws: Why You Must Accept ESAs
The U.S. Fair Housing Act prohibits discrimination against individuals with disabilities, including those with emotional conditions that may be alleviated by an ESA. Denying a tenant’s request for an ESA, even in a no-pet building, could result in a violation of federal law.
Verifying an ESA: What Landlords Can and Cannot Do
You may wonder how to verify an ESA request without overstepping legal boundaries. Here’s what you need to know:
- Documentation: Landlords can request documentation from a medical professional or another reliable third party who is aware of the tenant’s disability-related need for an ESA. The documentation doesn’t need to come from a doctor; it could also come from a relative or caregiver.
- Registration and Training: ESAs do not need to be registered, certified, or trained to qualify. Additionally, the tenant’s disability does not have to be visible or obvious.
When Can a Landlord Deny an ESA Request?
While landlords generally must accommodate ESAs, there are specific conditions under which you can deny a request:
- Undue Financial Burden: If accommodating the ESA would cause significant financial or administrative hardship.
- Fundamental Alteration: If the ESA fundamentally alters the nature of the landlord’s business.
- Direct Threat: If the ESA poses a direct threat to the health or safety of others or could cause significant property damage, and no reasonable accommodation can mitigate this threat.
Additional Considerations for Landlords
- No Extra Fees: Landlords cannot charge pet deposits or fees for ESAs.
- Privacy: You cannot ask about the tenant’s specific disability or why the ESA is needed.
- Multiple ESAs: A tenant may have more than one ESA, provided it doesn’t create an undue burden on the landlord.
- No Breed or Size Restrictions: Landlords cannot impose breed, size, or weight restrictions on ESAs, even if these apply to other pets in the building.
As awareness of mental health grows, the number of ESA requests is likely to increase. It’s essential for landlords to stay informed about fair housing regulations and be prepared to accommodate these animals in compliance with the law. This not only helps protect your property but also fosters a more inclusive and supportive community.
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