Emotional support animals are growing in popularity nowadays. These animals are more than just pets, they provide therapeutic support for people with many different mental health conditions. Unlike service dogs, emotional support animals are not specially trained to perform tasks for a person with a disability. Often, ESAs start out as ordinary pets that end up having an extraordinary effect on someone’s life.
Since emotional support animals are not the same as service dogs, they don’t have all the same legal protections. However, the Fair Housing Act does help prevent discrimination against renters who have assistance animals including ESAs.
Despite the protections of the Fair Housing Act, there are a few specific circumstances in which a landlord can reject an ESA. We’ll cover them here, along with some ways to protect yourself and avoid these issues.
Typically, an emotional support animal needs to be allowed even in an apartment that is pet-free or charges a fee for pets. ESAs are exempt from extra fees. A landlord is also expected to make reasonable accommodations for tenants that require an assistance animal.
There are a few circumstances in which a landlord can reject an ESA, however.
While the concept of what is “reasonable” can seem quite subjective, there are some guidelines to keep in mind. It’s considered unreasonable to house an animal in an unsuitable environment. For example, if your ESA is a very large dog or a miniature horse, housing them in a small studio apartment could be considered unreasonable.
It could also be considered unreasonable for you to ask for a larger apartment or more amenities at no extra cost to accommodate your ESA.
If your apartment complex has communal spaces like a gym or swimming pool, your ESA is not automatically granted entrance to those spaces. This is to protect other residents using those spaces who may have allergies, for example.
The Fair Housing Act makes allowances for smaller, owner occupied rentals to reject ESAs. For example, if you were renting a room or unit inside someone’s home, they have the right to deny your ESA.
If the owner lives in the building and there are four or fewer units, they are not required to make the same accommodations under the Fair Housing Act. Small-scale landlords aren’t required to accept emotional support animals, but you can always appeal to them and perhaps allow them to interact with your animal to see how well-behaved they are. They may make an exception for you, but they are not required to.
Landlords and building managers have a responsibility to protect the building and provide a safe environment for the people who live there. If your ESA compromises that, they may be rejected.
If your emotional support animal causes destruction of property, damaging your housing unit or communal spaces, that can be grounds for rejection. Similarly, if an animal is aggressive and poses a danger to the other residents, that also be cause for rejection.
A landlord can reject your ESA if you don’t have proper documentation for your emotional support animal. They may be concerned that you are trying to avoid pet fees or pet-free policies by claiming your pet is an ESA.
After considering the few exceptions that may allow a landlord to reject your emotional support animal, you may wonder how you can avoid these barriers.
First, one of the most important things to protect yourself is to have an ESA letter signed by a licensed mental health professional. This document will help open many doors and affirms the special relationship you have with your assistance animal.
Making sure your ESA is well-trained and comfortable around a variety of people in various environments is also essential. This will prevent a landlord from rejecting your ESA on behavioral grounds and will help your neighbors feel more comfortable around them.
You should also look for apartments that are more likely to be able to offer the reasonable accommodations your needs. Small, owner-occupied housing is less likely to offer those accommodations and not legally required to.
Seek out a larger complex. They should be more knowledgeable about the Fair Housing Act and what is required of them as well. Housing that is pet-friendly is also less likely to give you push-back for an ESA, but remember you aren’t required to pay a pet fee.
Looking for a new apartment is always a stressful proposition. It can be even more so if you need accommodations for an ESA, but there are only a few very specific circumstances that allow a landlord to reject your ESA. Stay informed and take the necessary precautions to make your apartment hunt as painless as possible.
