Emotional Support Animals and Fair Housing

Emotional Support Animals (ESAs): What Landlords Need to Know

Emotional Support Animals (ESAs) have become a hot topic for landlords as the laws surrounding them are often unclear and subject to abuse. Stories of "support turkeys" and other unusual animals have surfaced, creating confusion about what is legally required of landlords.

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Understanding the Law

Unlike the Americans with Disabilities Act (ADA), which governs public spaces, ESA regulations fall under the Fair Housing Act (FHA). Real estate investors must handle these ESA requests carefully. Over half of all Fair Housing complaints are related to discrimination against disabled, so it's a serious issue.

It's essential to recognize that assistive animals, including ESAs, are not pets. They are tools prescribed to alleviate a tenant's disability and help them enjoy rental housing. Assistive animals are categorized as service, emotional support, therapy, or working animals. Service animals, highly trained for specific tasks, are protected under both ADA and FHA, while ESAs require no training but are still covered under Fair Housing. FHA does not protect therapy and working animals.

Protecting Your Property

Landlords can take steps to verify ESA requests and deter fraud. If a tenant's disability is not apparent, landlords may request documentation from a medical provider confirming the disability and the need for the assistive animal. However, landlords cannot demand details of the tenant's condition. Additionally, it’s wise to have clear policies, such as an Assistive Animal Policy, a Request for Reasonable Accommodation form, and a sample letter for medical providers to complete.

Landlords can also require ESAs to adhere to local animal control laws, including vaccinations and leash rules. If an animal poses a danger or violates reasonable housing rules, landlords can take action, such as removing the animal or even pursuing eviction.

FAQs: Common ESA Scenarios

Q: Can I deny an ESA if it's unreasonable?

A: Yes. For example, a miniature horse in a third-floor apartment may be deemed unreasonable, even if legally prescribed.

Q: Can I require current documentation?

A: While HUD doesn't mandate "current" documentation, you may accept or reject older documents at your discretion.

Q: Do I have to allow multiple ESAs?

A: Typically, one animal is prescribed per disability. Multiple animals are allowed only if they serve different disabilities.

Q: Can I enforce rules for ESAs?A: Yes, landlords can enforce reasonable rules, such as keeping animals leashed, cleaning up after them, and ensuring they don’t disturb neighbors.

Final Thoughts

Handling ESA requests requires a clear understanding of Fair Housing laws and careful documentation to ensure compliance. By staying informed, you can protect your property while providing reasonable accommodations. For additional guidance, buy my book, THE DIY LANDLORD, on Amazon. Always consult an attorney to tailor your policies to current laws and your specific circumstances.