Do Landlords Have To Accept ESA Pets?

Emotional Support Animals (ESAs) are animals that provide comfort and support to individuals with disabilities. While ESAs are not considered service animals under the Americans with Disabilities Act (ADA), they are still protected by federal and state law. This means that landlords generally have to accept ESA pets in their rental units.

What are the Laws That Protect ESA Pets?

The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities. This includes discrimination based on the presence of an ESA pet. The FHA requires landlords to make reasonable accommodations for tenants with disabilities, including allowing them to have ESA pets.

The ADA does not specifically mention ESA pets. However, the ADA does require businesses to make reasonable accommodations for individuals with disabilities. This means that businesses, including landlords, must allow individuals with disabilities to bring their ESA pets into their establishments.

What Are the Requirements for an ESA Pet?

In order to qualify as an ESA pet, an animal must provide emotional support to an individual with a disability. The animal must be prescribed by a mental health professional, and the individual must have a letter from the professional that states the animal is necessary for their disability.

Landlords cannot ask for specific documentation about the animal's training or breed. They can only ask for documentation that the animal is an ESA pet and that it is necessary for the tenant's disability.

What Are the Landlord's Responsibilities?

Landlords are responsible for making reasonable accommodations for tenants with ESA pets. This includes allowing the tenant to keep the pet in their rental unit, even if the landlord has a no-pets policy.

Landlords cannot charge extra fees or deposits for ESA pets. They also cannot evict a tenant because they have an ESA pet.

What Are the Tenant's Responsibilities?

Tenants with ESA pets are responsible for keeping their pets under control and well-behaved. They must also clean up after their pets and make sure they do not damage the landlord's property.

Tenants must also provide the landlord with documentation that their pet is an ESA pet and that it is necessary for their disability.

What Can You Do If Your Landlord Refuses to Accept Your ESA Pet?

If your landlord refuses to accept your ESA pet, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also contact a fair housing organization for assistance.