A landlord is not allowed to deny a reasonable accommodation based on the animal’s breed, weight, or size since there is no restriction for an Emotional Support Animal. If you need an ESA letter, you will need to connect with a licensed medical provider. Therefore, virtually all domesticated cat and dog breeds qualify. Housing situations that are A) owned by organizations or private clubs, that B) are used exclusively for members. A doctor can provide you with specific information regarding your qualification for an ESA. Under Federal Fair Housing Laws, Emotional Support Animals must have access to apartments with a no-pet policy and are exempt from pet-related fees. Office of Fair Housing and Equal OpportunityU.S. Under the Fair Housing Act, an emotional support animal is considered a “tool” for aiding an individual with a disability, therefore excluding ESAs from “no pets” policies and certain other pet-related property rules. ESAs are not considered “pets” according to federal law, and therefore are not permitted to incur fees such as pet rent or pet deposits. Breed and age restrictions do not apply to ESAs. Your ESA letter must be written by a licensed mental health provider, like the ones on staff here at Support Pets. So, if you have a support animal to help you manage your disability, a landlord cannot deny it from living with you. First, request a formal letter explaining the ESA rejection. A housing provider can legitimately refuse your ESA request in any of the following scenarios: The property owner can prove that allowing the ESA would subject them to undue financial or administrative stress. However, there IS actually a way for a landlord to refuse to accept an emotional support animal from one of their tenants – however, it’s certainly a lot easier said than done. Your ESA letter serves as professional confirmation that you qualify under FHA regulations, eliminating any guesswork on the part of the housing provider. Brief Summary of Emotional Support Animals and Housing Laws Kate Brewer (2005) Persons with disabilities have an equal right to housing as those without disabilities. Legal documentation will be required for you to prove this status under most circumstances. While you will need an ESA letter to prove your qualification under the FHA, there are no additional documents necessary for housing approval. In 2006, HUD essentially stated that if a landlord’s insurance carrier would cancel or “substantially increase” the cost of their insurance policy because certain breeds of dog or a specific type of animal are present on the property, the request is no longer reasonable and that ESA can be rejected. Dog breeds like Rottweilers and pit bulls are sometimes restricted in pet policies. There will be certain times when a tenant will claim they have an emotional support animal, necessary for easing a mental or physical disability. Their use has long been supported by medical professionals, and with good reason – they can help dramatically improve someone’s quality of life in a way that even certain types of medications wouldn’t be able to match. While most renters are forced to follow the rules, Emotional Support Animals (ESA) owners may have an easier time convincing landlords … Can a landlord refuse an emotional support dog based on breed? Emotional Support Animals help aid with an emotional … Do they have the right to deny an ESA? However, as a landlord, you may encounter tenants that require an emotional support animal (ESA) to help with mental health conditions such as severe depression, anxiety or PTSD. From everyday tasks to challenging obstacles, an emotional support animal can be vital in successfully navigating day to day life. Let’s discuss specifics. No, emotional support dogs can be any type of breed and are exempt from breed or weight discrimination. Yes. The animal brings an undue financial hardship to the landlord; The animal causes damages or harm to others in the building; For the most part, landlords or rental agencies are less likely to understand what an emotional support animal is and the rights of a patient who requires one. A group called The Emotional Support Animal Registry is campaigning for ESAs to get legal recognition in Britain so flights from the UK would have to allow them on board. There are a few exceptions, but we will cover these later. You cannot be evicted or denied housing for refusing to pay pet rent or deposit fees. An emotional support animal can be a new pet, or it can be a pre-existing pet already owned by the patient; either works in terms of the law. A landlord wouldn’t be able to prevent a disabled tenant from using a walker or a wheelchair to get around, for example. Brief Summary of Emotional Support Animals and Housing Laws Kate Brewer (2005) Persons with disabilities have an equal right to housing as those without disabilities. The bottom line is that there are little to no situations in which a landlord can deny and emotional support animal. To be fair, you can’t really blame them as pets can pose potential damage to the property and make a lot of noise, which might disturb young children or the elderly. This varies case by case, but some animals may not be fit to cohabitate with other people. Regardless of ESA laws, you are liable for damages or personal harm caused by your ESA. I've presented an esa prescription letter from my therapist but he is still not approving my reasonable accommodation request. There are no rules about pets in the Residential Tenancies Act.The lease is what governs in this situation. In this case, the landlord can seek funds from the support animal’s owner or block the animal from living in the building. In the event that you encounter conflict with the housing provider, make every attempt to maintain a neutral and respectful tone to avoid escalation. In 1988, it was further amended to specifically prevent discrimination against families or people with disabilities and similar conditions. If you are disabled and you need a service animal to provide service or emotional support, you have the right to ask your landlord to allow a pet in the premises regardless of the language in the lease. When you are seeking approval for your emotional support animal, whether, at a current residence or one you are considering, there are a few simple tips that can help increase your chances of achieving a positive, hassle-free outcome: Hiding your ESA is never a good idea, and does not set you up for a positive interaction with your landlord. This is a tricky situation; however, there are times when the law is in the landlord’s favor. While the FHA is designed to protect the rights of those seeking housing, it also considers certain situations in which property owners and/or landlords might be reasonably exempt. Using the Support Pets online system, you can complete the ESA letter process in minutes. In the state of Indiana, one case determined that the species of the animal cannot establish denial for residency. Landlords must make reasonable accommodations for ESAs under the FHA, regardless of “no pets” policies or property restrictions. A single-family home with a room being rented out when the owner did not use a real estate agent to buy or rent the property. Can a landlord refuse an emotional support animal? Emotional Support Animals help aid with an emotional or mental disability. While you must legally allow an emotional support animal, you don’t have to acquiesce to their presence if they present significant problems. by Marcel Ford | Jul 2, 2020 | Uncategorized | 0 comments. Hi there. If the animal in question poses a “direct threat to the health or safety of other people,” that can absolutely be grounds for refusing to allow a tenant to have one in the first place. The Emotional Support Animals UK Registry was established in late 2017 to register emotional support animals in the United Kingdom to help people go out in public with their support animal and to help change the current UK laws so ESAs have the same legal rights as service & assistance animals. Some people just don’t like pets at all and that’s perfectly okay, too. Question: I manage a 12-unit apartment complex with a strict no-pets policy. Although an ESA letter must be issued by a medical practitioner, not all doctors are qualified to provide valid ESA documents. (NO) Emotional support dogs, including Pit Bulls, are exempt from breed restrictions. We use cookies to give you the best possible experience on our website. Getting an ESA letter for housing is a fairly simple, straightforward process when you choose a professional organization like Support Pets. Because of that, they’re not necessarily going to be allowed in the same places that a service animal would – like restaurants, malls, or other types of retail stores and locations. Thankfully, ESA laws protect your rights and prevent unlawful discrimination. However, it’s important to understand that just because a housing provider is uncertain about whether you have a disability or a disability-related need for your ESA, that doesn’t mean they can deny your request. If you would like more information about our property management services in Orange County, contact us today. Throughout the letter, do your best to maintain a calm, neutral tone. Many property owners are unfamiliar with ESA laws, so it’s not unusual for them to make requests for documents that you are not required to submit. Additionally, emotional support dogs that have demonstrated dangerous aggression or destructive behavior may also be refused. Can A Landlord Ever Deny An Emotional Support Animal? property management services in Orange County, Why You Should Go with Online Rent Payment. This is tenuous ground, however. Emotional support animals, like service animals, are permitted to live in residences that don’t typically allow pets. Because of the potentially life-saving nature of this job, service animals are usually allowed to go anywhere their owner goes. © 2020 - Support Pets - All rights reserved. The Fair Housing Act states that a housing provider must make all efforts to accommodate an emotional support animal, but the law also acknowledges that in some cases, it may not be possible. After completing a short quiz and doctor-provided questionnaire, your information will be securely sent to one of our licensed medical professionals. Under the laws of the FHA, landlords cannot legally deny emotional support animals unless they are completely unreasonable. It is a single family house that is rented without a real estate agent or broker. Finally, landlords should know that they do have the right to require the tenant in question clean up after their emotional support animal (or service animal, for that matter). An ESA is a medical tool and not a pet. According to the HUD, the government entity responsible for enforcing the Fair Housing Act, a housing provider must consider two simple questions when evaluating a request for ESA housing: If both questions can be answered affirmatively, the housing provider is legally required to make reasonable accommodation for you and your ESA. An animal registered as an Emotional Support Animal is a medical tool. Your landlord can require you to provide a doctor-issued ESA letter, which is a professional statement that includes specific information outlining your need for an ESA. While there are no specific training requirements for an emotional support animal, basic behavior training is important. Four reasons your landlord can deny your ESA • If there is physical damage to the property caused by an ESA, a landlord has the legal right to try and remove it. The property owner can prove that allowing the ESA would subject them to, The doctor’s statement that you have a diagnosed disability as included in the Diagnostic and Statistical Manual (DSM) of Mental Disorders (or other applicable literature), The doctor’s statement that your ESA is a disability-related need and required for your health and well-being, The doctor’s official letterhead, signature, license number, and location of the practice, Some ESA letters also include specific information about your ESA, such as the breed and size, which can be helpful for identification purposes, Owner-occupied properties with four or fewer units, If the ESA would place undue financial or administrative stress on the housing provider, If the ESA is too large to reasonably accommodate at the property, If the ESA has caused excessive damage to the property or threatens the safety or well-being of other tenants. 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