Many people rely on animals to help manage the effects of a disability, but confusion about emotional support animals (ESAs) remains common. While landlords can generally enforce “no pets” policies, federal and state fair housing laws may require housing providers to make exceptions for tenants with disabilities who need an emotional support animal. Unlike service animals, emotional support animals do not need specialized training. However, the animal must be connected to a disability-related need.
Key Things to Know
1) Emotional support animals are not the same as pets. A tenant with a disability may be entitled to keep an emotional support animal as a reasonable accommodation, even in housing that otherwise prohibits pets.
2) Service animals and emotional support animals are different. Service animals are specially trained to assist a person with a disability. Emotional support animals provide disability-related support but may not have specialized training.
3) Pet fees generally do not apply. Landlords cannot charge pet fees or pet rent for service animals or emotional support animals, although tenants may still be responsible for damage caused by the animal.
4) Documentation may be required. In some situations, a housing provider may request information showing that the individual has a disability and that the animal is needed because of that disability. A letter from a doctor or other qualified professional may help support a request for accommodation.
When to Consider a Legal Referral
Community partners may wish to engage a legal aid referral when:
· A tenant is told they must remove an emotional support animal.
· A landlord denies a request for a reasonable accommodation.
· A housing provider charges pet fees for an emotional support animal.
· A tenant believes they are facing housing discrimination because of a disability.
· A tenant is unsure how to request an accommodation.
Bottom Line
A “no pets” policy does not automatically mean a tenant with a disability cannot keep an emotional support animal. Fair housing laws may require housing providers to make a reasonable accommodation when an animal is needed because of a disability. Understanding these rights can help you recognize potential housing issues and connect people with appropriate legal resources.
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