In compliance with the law, ESAs have the legal right to reside with their handlers. So, in this article, you will learn how to rightfully live with your animal and in which cases the landlord can reject your accommodation request.
The US ESA laws
A service animal has greater rights than an emotional support animal. While service animals are protected by a number of laws, the only legislation that applies to ESAs is the federal Fair Housing Act. This law gives emotional support animals significant housing privileges, covering the ability to live with their owners without hindrance and free of charge.
Moreover, there are local laws in various states that also apply to ESAs. Florida, Texas, and New York, for example, have additional regulations to the FHA that give tenants and their ESAs more freedoms. And Californians have the legal right to bring emotional support animals into their work and their employer cannot prohibit it.
How do I prove that I need an emotional support animal?
If your disability is not obvious at first glance, the lessor may ask you to provide appropriate medical notes that prove you have the dysfunction and your need for an emotional support animal. In most cases, it is enough to provide an ESA letter issued by the relevant specialist.
However, in some states, the housing provider has the right to ask you to provide other documents. For example, this can be a document confirming the animal’s ESA status from the authorities, or an additional certificate from your therapist that you have a non-physical disturbance. Nonetheless, the proprietor cannot ask questions about the severity of your malady, demand detailed medical records, or request other data that is counted as personal information.
ESA Housing Letter
An ESA housing letter, or just an ESA letter, is the official certificate that authenticates the status of an emotional support animal. The letter can be signed by any licensed mental health professional, for instance, a psychologist or psychotherapist, or by you general practitioner who is aware and can attest to your condition and needs.
To be legally binding, an emotional support animal letter must be drafted in accordance with the requirements of state law. Basic information that must be put in the document involves proof of a mental illness requiring therapy with an emotional support animal, the laws to which the document applies, and the contacts and license number of the professional issuing the letter.
What is a reasonable accommodation request?
When concluding a housing rental agreement, you can make a reasonable accommodation request. This usually means making certain changes to the rules of living in the building. Very often, landlords forbid pets from staying in rented accommodation. However, if the tenant has an ESA letter, the landlord must allow an emotional support animal to live in the apartment.
The request can be verbal or written and it does not have specific wording. However, we recommend that you submit your appeal in writing in order to be able to explain the essence of your request more precisely. This application also incorporates the possibility of making certain changes to the accommodation or special equipment of the common areas of the building, if this is required by your disability and if it will make your stay more comfortable. You can also order housing reasonable accommodation requests for your ESA online, and get a pdf file that you can print yourself and show to the landlord.
Is my landlord allowed to charge fees for my assistance animal?
Federal law prohibits a landlord from charging an additional fee for the dwelling of an emotional support animal. Since ESAs are not pets, they are not subject to pet fees. In addition, you do not have to pay a special deposit for the residence of an animal. At the same time, you should remember that in case of damage to the building by an animal, the tenant must take full responsibility and fully cover the cost of repair work.
Reasons Landlord may deny ESAs
Although in most cases the innkeeper must allow the emotional support animal to live with its holder, sometimes landlords are allowed to reject emotional support animals. There are not many legal reasons for refusal that are not considered discrimination, so we suggest getting acquainted with them in more detail:
Animal size or type
One of the main rules that you should remember is that the size, breed, and weight restrictions are not valid reasons for refusing to provide you with accommodation. Since, unlike service animals, ESAs do not receive additional training, there is a prejudice that some breeds of dogs are more aggressive and uncontrollable.
However, these preconceptions are only the subjective opinion of the landlord, which is not supported by facts. That is why, if the householder justifies his refusal by the physical characteristics of the animals, you can consider such behavior as discrimination and seek protection from the relevant authorities.
Lack of documentation
The property owner has no obligation to permit the housing unless the tenant has provided the ESA letter. Unfortunately, there are people who fake this document or refuse to provide it. In such a case, the lessor has the right not to provide housing to the person and their emotional support animal.
In addition, the landowner has the right to ask you to show other documents. For example, often when placing emotional support animals, housing providers ask for documents from a veterinarian certifying the animal’s satisfactory condition and availability of all necessary vaccinations. Therefore, we recommend that you prepare this reference in advance.
Threatening behavior
In allowing emotional support animals to reside, the landlord must be sure that the animal does not put people in danger, so the other tenants should be able to feel secure. This rule applies to both the animal’s behavior and its state of health. First of all, the animal should not show aggression and scare other residents. In addition, the animal must not be a carrier of diseases and parasites, which also poses a threat to humans.
Can I be evicted for violating my lease’s pet policy?
In accordance with the Fair Housing Act, a proprietor cannot evict a tenant with an ESA without good enough reasons. However, if the animal systematically appears aggressive, scares other residents, or damages the rental property, the host has the right to apply to the Department of Housing and obtain official permission to evict such an animal and its handler.