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Landlord Rights for Emotional Support Animals
According to the NAMI, an estimate of 61.5 million Americans (or 1 in 4) suffer from a mental or emotional disability.
For this reason, the use of Emotional Support Animals (ESA) is becoming more prevalent, and many mental health professionals are recommending animals and writing prescriptions as a therapy tool.
As a landlord or property owner, you might ask yourself, what does that mean for me and for my rental units that have “no pets” policies in place?
In this post, we will cover landlord rights when renting to a tenant with an emotional support animal.
Table of Contents
- The Fair Housing Act (FHA) & Landlords
- Emotional Support Animal Letters for Housing
- How Can a Landlord Verify an ESA Letter?
- ESA Questions a Landlord Has the Right to Ask a Tenant
- ESA Questions a Landlord Does Not Have the Right to Ask a Tenant
- What Kind of Animals Do Landlords Have to Allow?
- How Many Emotional Support Animals Do Landlords Have to Allow?
- Where is the Emotional Support Animal Allowed?
- When Can a Landlord Deny an Emotional Support Animal?
- What About Insurance for Banned Breeds?
- When Can a Landlord Evict a Tenant With an ESA?
- What Fees (If Any) Can a Landlord Charge for an ESA?
- What Could Happen if a Landlord Denies a Tenant Based on an ESA?
The Fair Housing Act (FHA) & Landlords
Under the Fair Housing Act, it is against the law for a property owner or landlord to refuse to house those with a disability.
The housing provider also cannot impose a different application or qualification criteria to those with disabilities. This means the rental fees, sales price, or rental terms or conditions cannot differ from those required by non-disabled persons.
However, the FHA does require written documentation or ESA letter from a licensed mental health professional attesting to the tenant’s need for an Emotional Support Animal. Simply having an ESA registration or vest is not enough to qualify an animal as an ESA.
Emotional Support Animal Letters for Housing
You may or may not have encountered an Emotional Support Animal Letter – these are validation letters from a licensed mental health professional telling you the renter has been prescribed the animal for mental health-related purposes.
This animal is NOT a pet but is there to give the needed therapy the person requires – the emotional support animal or ESA must be responsible for alleviating at least one identified symptoms or effects of an existing disability. This does not mean the animal simply makes the person “feel good.” The ESA must be there for a diagnosable condition such as depression, severe anxiety or phobia.
How Can a Landlord Verify an ESA Letter?
As a landlord, you do have the right to verify that the letter from the therapist is real and from a therapist that is licensed. To do this, you will need to check that the letter is written on the mental health professional’s letterhead, along with their contact information (phone number, email address, practice address).
An ESA Letter should include the professional’s license number, date it was issued, and signature.
If you have any concerns about the validity of the letter, you should NOT contact the mental health professional directly. This could be considered a violation of the patient’s right to privacy.
Questions a Landlord Has the Right to Ask a Tenant That Needs an Emotional Support Animal
As a landlord you have the right to ask your tenant the following questions about their emotional support animal. Remember how you ask is important as well. Here are some tips for speaking with your tenant about their Emotional Support Animal.
Tip 1: Politely speak to the tenant about your concerns.
Let them know you would like to work together to alleviate your concerns. Arguing with the person can make them feel discriminated against and can be used against you should the case go in front of a judge.
Tip 2: Verify the licensed mental health professional’s license number.
You do have the right to verify the mental health professional’s credentials. You can do this by visiting the listed state’s website for the mental health professional’s licensure and entering their license number. You cannot repeatedly call or their LMHP or ask them details about their client’s disability.
Tip 3: Ask tenant for a Reasonable Accommodation Form.
As a landlord, you have the right to ask your tenant for a Reasonable Accommodation Form which would be filled out by the mental health professional that wrote the letter.
Questions a Landlord Does Not Have the Right to Ask a Tenant That Needs an Emotional Support Animal
Remember, you cannot contact the tenant’s therapist directly. There are also limits to the questions you are permitted to ask.
There are several common questions that go against the disabled person’s rights and should not be asked, examples include:
- “Do you have a disability and how severe is it?”
- “How long have you been in therapy?”
- “What medications (if any) do you take?”
- “Let me see your medical records?”
- “Have you ever been hospitalized because of a mental disability?”
- “Have you ever been in a drug rehabilitation program?”
- “How many sessions have you had with your therapist?”
- “Is there anything else at all about your symptoms or diagnosis besides what is provided in this letter?”
What Kind of Animals Do Landlords Have to Allow?
Although dogs and cats are the most common animals used for therapy, your tenant has the right to possess just about any animal as an emotional support animal.
However, that does not mean you have to allow a pet tiger or full-grown horse inside your building. Animals that pose a danger to other tenants or causes an undue financial burden to you can be denied.
Remember, that the tenant is always responsible for their animal(s).
How Many Emotional Support Animals Do Landlords Have to Allow?
The tenant is allowed, under Federal law, to have more than one emotional support animal. As long as the therapist has diagnosed these animals to help alleviate at least one of their patient’s symptoms, it is allowed.
The law does not specify the number allowed or not allowed. It would be difficult to argue against 3 dogs, but if you find that having 10 chickens in the apartment is causing a disturbance or an undue financial burden, you may have the right to deny the request.
Where is the Emotional Support Animal Allowed?
The Department of Housing and Urban Development (HUD) has deemed it possible for the tenant to bring their ESA;
“in all areas of the premises where persons are normally allowed to go unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider services.”
Generally speaking, this would allow the animal in all common areas of the building and the tenant’s apartment.
However, Emotional Support Animals are not permitted to roam off leash throughout the property and must be in their handler’s control at all times.
When Can a Landlord Deny an Emotional Support Animal?
This is a tricky situation; however, there are times when the law is in the landlord’s favor. To deny a tenant the Emotional Support Animal, the animal must be:
- Causing an administrative, financial, or programmatic repercussion to the premises
- Causing disturbance to other tenants
If the emotional assistance animal is particularly disruptive, or the tenant fails to take proper measures to ensure that the animal does not bother other tenants, the landlord may be justified in denying the accommodation or ultimately filing for an eviction.
What About Insurance for Banned Breeds?
Some regions are now imposing breed restriction laws. How does this affect the person with a breed restricted ESA?
According to HUD:
However, it’s not as simple as that. The landlord must then substantiate the claim with the insurance company directly. He or she must then see if the insurance company has a policy that has an exception for the assistance animal. If not, then an investigation may be launched against the insurance company itself for potential disability discrimination. We do not recommend denying a tenant’s Emotional Support Animal due to their breed.
When Can a Landlord Evict a Tenant With an Emotional Support Animal?
There may be circumstances that arise when a landlord does have a right to evict a tenant with an ESA. This will be if the person’s emotional support animal is a threat to the safety of the building or the tenants or the presence of the animal is causing an undue burden on the landlord.
What Fees (If Any) Can a Landlord Charge for an Emotional Support Animal?
According to HUD’s handbook for subsidized multifamily programs:
“A housing provider may not require an applicant or tenant to pay a fee or a security deposit as a condition of allowing the applicant or tenant to keep the emotional support animal.”
However, a landlord can charge fees to repair any damages to a tenant with an Emotional Support Animal. An emotional support animal is not a “get out of jail” free card when it comes to damages caused by the animal. Each tenant is responsible for their animal’s actions and behaviors.
Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD, No. 4350.3, 2-44(E) (2013). 5
“If the emotional support animal causes damage to the housing unit or the common areas of the dwelling, however, the housing provider may charge the cost of repairing the damage.”
What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support Animal
If a tenant believes they have been mistreated due to their ESA, they can file a lawsuit under the Housing and Urban Development Act within one-year of the incident.
HUD will then investigate the complaint at no cost to the disabled individual (the person can also go to the federal district court within two years of the alleged denial).
If the case is substantiated, it will then go to an administrative hearing with HUD attorneys litigating the case.
An Administrative Law Judge (ALJ) will consider all the evidence from the tenant and the landlord. If the ALJ decides that discrimination occurred, the respondent (landlord) can be ordered:
- To compensate the tenant for actual damages, including humiliation, pain, and suffering.
- To provide injunctive or other equitable relief.
- To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation and $70,000 for a third violation within seven years.
- To pay reasonable attorney’s fees and costs.
Know the Law as a Landlord
You do have rights as a landlord; however, it can be tricky. Before you attempt to evict or deny a person with an ESA, you will need to be sure you are in the right, or you could be facing some stiff penalties.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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Can an emotional support animal be left with a neighbor if the owner goes on vacation without it?
ESA owners are allowed to leave their animals in the care of others.
As a landlord, I do not believe I am disallowed from sending the Licensed Mental Health Provider a copy of the letter than LMHP signed, and asking: “Hello, I am just verifying with you that this is an authentic letter issued and signed by you. Please advise me if you or your office did not issue this letter.”
After all, the entire purpose of such a letter is to disclose a potential tenant’s right to have an ESA. And we live in the age of software that enables anyone to forge anything, using free softward and publicly available information (any licensed professional’s name, practice address & phone #, and license #). So the fact that THIS professional is THIS applicant’s LMHP, and has prescribed THIS animal as an ESA is already being shared with the landlord. Making sure that document is authentic, without asking ANY further questions, cannot possible be a privacy violation.
And if I can ask a NON-disabled applicant for prior-landlord references on a pet, of course I can ask a disabled person. That is my policy for ALL applicants with animals, so there is no discrimination there.
Interested in your comments on my comments! Thank you!
Landlords can verify that a particular LMHP indeed wrote the ESA letter a tenant submitted. Where housing providers can get in trouble is if they start inquiring about the tenant’s history with the LMHP or about specifics regarding their diagnosis or medical history.
We have a no dog policy, only cats. One of the issues is that we have an extremely small elevator and we do not want to have to force tenants to ride in an elevator with a dog in it. Also we do not want any dogs barking in the building. Many of the apartments are small, and carpeted.
A tenant moved in about four months ago with no pets whatsoever. Now she is asking about getting a dog as an ESA. Do we have to permit her to get a dog? Why can’t it be a cat?
Also can we require that she have somebody walk the dog during the day while she is at work?
If the tenant is claiming to have an ESA, they must be able to provide an ESA letter from their licensed healthcare professional. Landlords are not permitted to discriminate against an ESA based solely because it is a dog. It would also be very unusual and likely deemed unreasonable for a landlord to require the tenant hire a daily walker.
I just found out today that my tenant has been hiding the fact they got a puppy as an ESA. They’ve had it, I’ve found out, for 5 months. During those 5 months they signed a lease with me knowing I had no knowledge of the dog. I understand that as a landlord they have rights. But I am now curious if the lease they signed is null and void due to the fact they were not up front regarding the ESA. Can I ask for a new lease to be signed?
As a landlord, you have a right to demand documented proof that they have an emotional support animal in the form of an ESA letter from a licensed healthcare professional. During the time the animal was not an ESA, you may also be able to penalize them under the terms of the lease for having an unauthorized animal. However, HUD rules require landlords to work in good faith with tenants to resolve any issues regarding an ESA accommodation, and landlords must consider an ESA request even if it comes after signing a lease.
My tenant went out and got an emotional support paper for three dogs one is a pitbull when I asked for extra money for the pitbull. She did not have any paperwork nor did she tell me that they were emotional support animals until it’s suited her to not pay her rent she’s thousands of dollars behind in rent. I want to know if someone gets an emotional support animal to avoid a rent increase is that legal?
ESA owners are exempt from pet fees and deposits, but they are not immune from general rent payments or normal rent increases.
My neighbor has a ESA under 1 yr old and it constantly barks, cries and howls when left along.
Do I have rights as a tenant?
You have the right to live in your dwelling without disturbance. If a neighbor’s ESA is causing an issue we suggest a friendly discussion with them about it or, if that doesn’t work, getting your landlord or housing manager involved to mediate.
Do you need to get a dog license for your emotional support dog? Do landlords have the right to request a copy of proof of vaccinations? I live in Nebraska.
There is no special license specifically for emotional support animals but you may need to get a license if one is required for all dogs in your city or state. Landlords often ask for proof of vaccination to ensure the dog is not a health threat to other animals and tenants.