Can a Landlord Deny an Emotional Support Animal?
The internet is filled with information on the requirements for service animals and ESA’s. There are websites all over that guide you here or there, promising registration for your animal if you just pay their fee. Sadly a lot of these sites are filled with misinformation and can lead you astray. In this article, we’ll discuss ESAs (Emotional Support Animals) in their entirety. Both tenants and landlords have rights in regards to what can and can not be done with a person's ESA and what law states are acceptable.
What is an ESA?
An ESA is an emotional support animal. They are intended to provide therapeutic assistance to a disabled individual. The type and breed of animal that fits in this category are broad and can range from small rodents to large dogs. The animal itself depends on the individual's needs and ability to care for each species and their unique needs.
Who can have an ESA?
Emotional support animals are intended to be a support for disabled individuals who suffer from a variety of ailments including but not limited to severe depression, PTSD, and General Anxiety Disorder.
Does an ESA need special training?
Yes and no. There is no requirement for certification for an ESA however the animal is required to facilitate the disabled person’s ability to function. If your ESA is canine, for example, it’s going to make a much better impression on others and be easier for the person with disabilities to maintain as a companion if they are a good canine citizen and are fairly well behaved when in public.
Are there laws to protect my ESA?
Yes. There are laws to protect your ESA and there are laws to protect the Landlord where you may reside. The FHA (Fair Housing Act) is something you should familiarize yourself with. It gives all the points one must look at when bringing an ESA into their apartment or rental space. The FHA applies to almost all housing situations.
What do I need to provide to my Landlord to have my ESA with me?
A request must be formally made to your landlord first to obtain an agreement to having an ESA in your apartment. The Landlord, in turn, may request reliable documentation about the person’s disability and need for an assistance animal. While the individual requesting permission does not have to disclose their disability they are required to prove, through medical documentation from a doctor or psychiatric specialist, that having an ESA in your apartment is fundamental to their health.
Can my Landlord deny my ESA due to breed restrictions?
No. The only time a Landlord may deny a request for an ESA due to breed or size is when an animal is deemed dangerous on a case by case basis. While this is true, some homeowners and renters insurance will not allow certain breeds, allowing the Landlord to deny that breed. If an accommodation puts undue administrative or financial stress on the housing provider the animal may be denied. This can include drastic increases in homeowners’ insurance as well as property insurance.
While this was only a brief overview, answering some of the most common questions, it sheds some light on the basics involving an ESA. Should you find yourself needing more information make sure you look at the Fair Housing Act and check both applicant and Landlord rights. The best way for you to have your ESA and to adhere to all rules is to be knowledgeable about the subject at hand. By knowing your rights and those of the person you may be opposing you can fight for your rights in a safe, legal manner.
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