14 Apr Emotional Support Animals Laws for Landlords
Those with no pet policies are most likely aware that these policies do not apply to service animals, but you may not be aware that the Emotional Support Animal laws also override your policies.
Emotional Support Animals are not considered normal pets, but rather are grouped with service animals as assistive devices to help those with a disability. For this reason, a housing provider is not allowed to charge a pet deposit or pet rent. (Legal basis comes from the FHA)
As a landlord, you may refuse an animal if it poses a direct threat to the health and safety of others in the area. This must be proven, though. Assumptions based on breed and size are not permitted.
Contents
Can I Reject an Emotional Support Animal?
Only a few properties are able to be exempt from this specific law:
- If a building has fewer than 4 units, as well as it being owner-occupied
- Single family homes that did not use a real estate agent for rentals or the purchase of the property. (Owner must own less than 3 SFH)
- Housing that is owned by a club or organization that is used for members.
The insurance policy used by owners may also give you a way to reject an ESA. “Reasonable” accommodation refers to requests that will not cost an inordinate amount of money or effort to complete. In 2006, a Department of Housing and Urban Development (HUD) article stated that, “If a housing provider’s insurance carrier would cancel, substantially increase the costs of the insurance policy, or adversely change the policy terms because of the presence of certain breeds of dog or a certain animal, HUD will find that this imposes an undue financial and administrative burden on the housing provider.”
Service Animals vs. Emotional Support Animals
ESA’s are similar, yet not identical to, service animals with many of the same legal protections. While service animals are trained to do certain tasks pertaining to the person’s health problems or emotional disabilities, ESAs are companion animals that help ease the mental or emotional conditions. These animals are not necessarily trained to do any specific task, but must be prescribed by a mental health professional or physician.
Possibly Voiding the “No Pets Policy”
Similar to not being able to charge extra if a tenant uses a wheel chair, someone with an ESA is not able to be charged extra rent or fees for their animal, as it is considered a medical device. Even if pets are allowed in your property, an emotional support animal circumvents even those policies.
ESA Laws
Do’s and Don’ts of Emotional Support Animals
DON’T’S:
- Prospective tenants are not required to reveal their use of an ESA up front. More savvy applicants will leave this information until the post-application process, and rescinding approval after discovering this information could lead to a lawsuit.
- Asking follow-up questions about an applicant’s mental health is a big no-no. They don’t have to tell you or offer the information, nor is it any of your business. This could also end up resulting in a lawsuit
- As mentioned before, ESAs fall outside the confines of your pet policy. While you cannot charge a pet deposit or pet rent, you are able to charge the tenant for damage beyond normal wear and tear that was caused by their ESA. Specific verbiage to this end is important to avoid any trouble down the road.
DOS:
- You may not ask any follow up questions about a tenant’s mental health, but you are allowed to ask for the paperwork proving the animal’s status as an ESA. Each Emotional Support Animal should have the proper paperwork denoting them as such. If they do not have this specific paperwork, the animal is considered a normal pet.
- Providing reasonable accommodations is a key part of the Emotional Support Animal laws. Things like having a designated pet relief area, or providing waste bags. A healthier tenant is generally a happier tenant, so make as many reasonable accommodations as possible. The tenant should still be on the hook to clean up after their ESA, so the other tenants have access to a clean, quiet, safe experience on your property.
- You are able to make sure that the ESA is up to date on vaccines and have regular care from their veterinarian.
- Be on the look out for neglect or abuse towards the Emotional Support Animal. Just because these animals are viewed as medical devices, it does not mean that they are any less subject to animal abuse or neglect. Take the appropriate action if this is the case. You are also able to take action on bad or dangerous behavior of these animals.
- Finally, if the Emotional Support Animal is posing a threat or cannot be reasonably accommodated, you may be able to deny the application. This does not mean that the case against the ESA and tenant would work out the way you hope, so make sure you have an attorney that you trust help you in cases where you have doubts about the law.
Wrapping Up
Better safe than sorry is the name of the game when it comes to Emotional Support Animals. The law doesn’t cover people who are trying to scam you, but don’t assume anyone is a scammer. Prevention and protection from lawsuits is the most important aspect to keeping all your hard work from going down the drain!
