Emotional Support Animals
What Laws Affect Emotional Support Animals
Many states have laws that landlords can refuse to rent their property to pet owners. A no-pets clause can be included in a rental lease agreement to enforce this policy. You cannot enforce any pet policy on tenants or prospective renters who have an emotional support animal (or a service animal) if you are subject to fair housing laws.
What rights do landlords have if a tenant in a no-pets building adopts a dog to provide emotional support? What are your rights if a tenant adopts a pet for comfort or if you only allow certain pets? These are the essential facts.
What Is Considered An Emotional Support Animal?
A therapy dog or comfort animal is an emotional support animal. It is not considered a pet. This animal is an aid animal and can be used to treat people suffering from anxiety and depression. It is usually a small dog but could also be any other species that can provide emotional support such as affection or positive, non-judgmental regard.
To be considered legal for an emotional support animal, the tenant must be disabled or someone who is closely associated with them, such as a relative or close friend. The assistance animal must allow the tenant equal access to their home and be enjoyed the same way as a non-disabled person. The assistance animal must also be related to the tenant's disability.
What Laws Cover Tenants' Rights To Keep Support Animals For Emotional Reasons?
People with disabilities can request reasonable accommodation for emotional support animals under the federal Fair Housing Act and the federal Rehabilitation Act of 1973. You cannot refuse a request for reasonable accommodation if your landlord has a no pet policy. This is because it's not possible to determine if the individual asking for it has a disability. You can, according to federal guidelines, ask for documentation of the disability if it is not readily apparent or known.
Can I Refuse To Accommodate A Renter Who Requests A Reasonable Accommodation?
This is a question that your attorney should answer.
Federal guidelines outline situations in which landlords can refuse to accommodate renters who are subject to federal laws such as the Fair Housing Act.
If you request changes to the policies or rules of the property, it would be an undue administrative or financial burden.
If the animal is a direct danger to the safety and health of others, it must be removed or reduced.
If the animal causes significant physical damage to the property of others, which cannot be reduced or eliminated using another reasonable accommodation
If the animal causes significant physical damage to the property of others, which cannot be reduced or eliminated using another reasonable accommodation
Are There Any Pet Fees That Can Be Charged For Emotional Support Animals?
Emotional support animals are not considered pets under federal guidelines. Therefore, it is illegal to ask for additional rent or a deposit. The animal cannot be restricted in any way, including weight, breed, or size. Residents can be charged a fee if an emotional support animal causes damage or injury to their rental property.
What If My Tenant Doesn't Feel The Need For An Emotional Support Animal?
You can document your interaction with your prospective tenant to ensure that you have a complete record. Then, you can check with an experienced attorney to determine if you should take any actions or refuse requests.
Federal fair housing laws stipulate that persons with disabilities (physical or mental) have the same right to housing as those without disabilities. Ask a local attorney for advice before you make any decisions about how to include emotional support animals in your lease agreements.
