Rights and responsibilities when it comes to ESA's

Emotional support animals (ESA's) are becoming increasingly common in rental properties, and landlords need to be aware of their rights and responsibilities when it comes to accommodating these animals. Here are some things that landlords need to know about emotional support animals:

What is an Emotional Support Animal?

An emotional support animal is a type of assistance animal that provides therapeutic support to an individual with a mental health condition. Unlike service animals, which are trained to perform specific tasks for people with disabilities, emotional support animals provide comfort and companionship to their owners.

What are Landlords' Obligations to Accommodate ESAs?

Under the Fair Housing Act (FHA), landlords are required to make reasonable accommodations for tenants with disabilities, including those who have emotional support animals. This means that landlords cannot discriminate against tenants with emotional support animals, and they must allow the animal to live in the rental property, even if there is a "no pets" policy in place.

Landlords cannot charge extra fees or deposits for emotional support animals, although they can require tenants to provide documentation from a healthcare provider stating that the animal is necessary to alleviate the symptoms of the tenant's disability.

What Documentation is Required?

To qualify for an emotional support animal, tenants must have a disability that substantially limits one or more major life activities, such as sleeping, eating, or working. Tenants must also have a letter from a licensed healthcare provider stating that the animal is necessary to alleviate the symptoms of the disability.

The letter should include the provider's name, license number, and contact information, as well as information about the tenant's disability and how the animal will help alleviate their symptoms. Landlords are not allowed to ask for additional information or documentation beyond what is necessary to establish that the tenant has a disability and that the animal is necessary to alleviate their symptoms.

What are the Limits of Landlords' Obligations?

While landlords are required to make reasonable accommodations for tenants with emotional support animals, there are some limits to their obligations. For example, landlords are not required to allow animals that pose a direct threat to the health or safety of others, or animals that would cause significant damage to the property.

Landlords can also require tenants to comply with reasonable rules and regulations related to the animal's behavior, such as requiring the animal to be kept on a leash or requiring the tenant to clean up after the animal.

Landlords need to be aware of their obligations under the Fair Housing Act when it comes to emotional support animals. By understanding their responsibilities and following the appropriate procedures, landlords can ensure that they are accommodating tenants with disabilities while also protecting their own rights and interests.