More and more tenants are seeking permission from landlords to have emotional support animals in rental properties. As a landlord, you may be wondering what rights you have when it comes to approving or denying requests for support animals. This guide will provide an overview of emotional support animals, explain your legal obligations as a housing provider, and offer tips for handling requests properly.
Whether you’re a seasoned landlord or just getting started, you will likely deal with this issue at some point. By understanding the rules around support animals, you can avoid confusion and ensure a smooth process for all parties involved. A little knowledge and preparation go a long way toward making fair decisions that provide equal housing opportunities for all.
What is an Emotional Support Animal?
An emotional support animal (ESA) is an assistance animal that provides comfort to help alleviate a mental or emotional disability. ESAs are prescribed by a licensed mental health professional as part of a treatment plan for an individual with a psychiatric condition, such as depression, anxiety, PTSD, or phobias.
Unlike a service animal, an ESA is not trained to perform specific tasks related to an individual’s disability. The role of an ESA is to provide soothing support and stabilize moods through companionship. Having an ESA can help ease symptoms for people with a range of mental health challenges.
Legally, an emotional support animal is viewed as a “reasonable accommodation” under the Fair Housing Act. This means landlords may be required to make exceptions to general “no pets” policies for tenants with a legitimate need for an ESA. Proper documentation from a tenant’s doctor or therapist must be provided to verify this need.
Aside from offering health and wellness amenities, allowing pets in a rental can attract more tenant applications. As a landlord, it’s important to understand the difference between ESAs, service animals, and pets so you know when to grant exceptions. The next section will go over these key differences.
Things to Consider When Allowing Emotional Support Animals
Here are things landlords need to consider when working with tenants who have an emotional support animal:
Request from your tenants to provide documentation that prescribes ESA as part of the tenant’s treatment plan. It should be detailed including the provider’s credentials and contact information for follow-up if needed. Doing this verification can help spot tenants who are faking ESA requests just to get around “no pet” policies.
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Review Animal Size and Type
While you must make reasonable accommodations, you can restrict certain dangerous animals that may pose safety issues or cause damage, like snakes or large dogs with aggressive breeds. Restrictions must be applied evenly since you can’t make judgments based solely on breed or appearance.
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Consider Exceptions Carefully
There may be reasons to deny specific animals if their presence would negatively impact other tenants, such as severe allergies. It’s best to discuss and work with the tenant requesting the ESA to find a reasonable alternative option before outright denying.
Add an ESA addendum to your standard lease agreements outlining your requirements, restrictions, and tenant responsibilities for having the animal on the property. This sets clear expectations upfront. Also, specific outdoor relief areas that require the cleanup of waste should be designated.
While you can’t charge “pet rent” for an ESA, you can collect a refundable deposit in case of property damage. Keep this reasonable based on the animal type and size.
Conduct periodic unit inspections to check for any concerns related to the ESA, like excessive barking or unsanitary conditions. This also creates opportunities to remind tenants of rules. Document any issues.
Making timely, thoughtful decisions about emotional support animals takes a balancing act. Setting guidelines while also extending compassion goes a long way in supporting tenants and effectively managing rental properties.
When Can Landlords Legally Reject an ESA?
Landlords can’t deny emotional support animals as some tenants are eligible to have one. While the Fair Housing Act requires landlords to make reasonable exceptions for emotional support animals, there are a few limited conditions under which your application denial would be legally justified.
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Lack of Proper Documentation
If a tenant fails to provide legitimate ESA documentation from a credible licensed therapist or doctor, you are not obligated to accept the animal. Be sure to provide an opportunity for them to supply that documentation before outright denying the request.
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Direct Threat to Health and Safety
For example, you could deny a poisonous snake from entering your property. However, having a narrow mindset on cases where the specific animal imposes a clear danger to your property should be reevaluated for rejection. As a landlord, it’s important to have a clear standard for your criteria, and should not be based on assumptions about certain types of dog breeds.
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The Animal is Too Large for the Property
Some animals may be too big for the property and may affect the daily use of its amenities. For instance, a large animal in a compact upper-floor apartment undermines quiet enjoyment for those below.
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Experts Determine Accommodation is Unreasonable
In rare cases, fair housing experts may advise that an ESA accommodation is unreasonable, given the lack of substantial documentation. Seeking that reconsideration from a third party takes time, and landlords can open themselves up to discrimination complaints if not handled properly. Always think twice before denying ESA requests and consult legal counsel if unsure.
Final Words
Handling emotional support animal requests puts landlords in a challenging position between following fair housing rules and managing rental properties. Take time to understand the guidelines around what constitutes an ESA. Recognize that accommodations can reasonably be denied. Learn to enact thoughtful policies. In the end, ;andlords can make informed decisions about pets while being fair to tenants’ rights as well.
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