Do ESAs Count Towards Pet Limits?
Emotional support animals (ESAs) provide companionship and emotional support to individuals with disabilities. While ESAs are not considered pets under the Fair Housing Act, some landlords may have pet limits that apply to ESAs.
Landlord's Responsibilities
Under the Fair Housing Act, landlords are prohibited from discriminating against tenants with disabilities. This includes refusing to rent to tenants with ESAs or charging them extra fees or deposits.
Landlords are also required to make reasonable accommodations for tenants with disabilities. This may include allowing tenants to keep ESAs in housing that would otherwise be considered pet-free.
Tenant's Responsibilities
Tenants who wish to keep an ESA in housing that has pet limits must provide documentation from a healthcare professional stating that the animal is an ESA.
Tenants must also be responsible for their ESAs. This includes keeping the animal under control and cleaning up after it.
ESA vs. Pet
ESAs are not considered pets under the Fair Housing Act. This means that landlords cannot charge tenants extra fees or deposits for ESAs, and they cannot refuse to rent to tenants with ESAs.
However, some landlords may have pet limits that apply to ESAs. This is because ESAs are still animals, and they can cause damage to property or disturb other tenants.
Reasonable Accommodations
Landlords are required to make reasonable accommodations for tenants with disabilities. This may include allowing tenants to keep ESAs in housing that would otherwise be considered pet-free.
To request a reasonable accommodation, tenants must provide documentation from a healthcare professional stating that the animal is an ESA.
Conclusion
ESAs are not considered pets under the Fair Housing Act. However, some landlords may have pet limits that apply to ESAs. Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing them to keep ESAs in housing that would otherwise be considered pet-free.
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