A Landlord's Guide to the Fair Housing Act and Emotional Support Animals

Getting to grips with the laws surrounding emotional support animals (ESA) can be tricky. You might wonder how they are different from a pet or service animal, and what this difference means for you as a landlord.

Read on to find out where you stand when it comes to the Fair Housing Act and emotional support animals.

Differences Between Service Animals and Emotional Support Animals

Service animals:

Provide a medical service and are considered legally to be "medical equipment"
Are protected by the Fair Housing Association (FHA) and the Americans with Disabilities Act (ADA)
Require special training

Emotional support animals:

Provide therapeutic assistance and companionship
Are protected by FHA but not protected by ADA
Do not require any training

Essentially, emotional support animals exist in a gray area between what pets and service animals are.

Fair Housing Act and Emotional Support Animals

The Fair Housing Act is a federal law that ensures a person cannot be discriminated against for their disability, which means it covers tenants and their emotional support animal.

This also means that a support animal can occupy a 'pet-free' space because they assist their owners with their disability. If a tenant applies for a pet-free rental, they must show proof that they own a legitimate ESA by providing an emotional support animal letter.

This letter should be signed by a mental health professional, doctor, social worker, or another relevant professional. Thanks to the protections of the FHA you cannot discriminate against a tenant in the following ways:

The ESA does not require training, so you can't ask for this.
You can't charge the tenant more for the deposit or rent for having an ESA. However, if damage occurs during their stay, you can ask for payment to cover the damage.
You can't ask questions about the tenant's disability.

Reasons You Can Deny an Emotional Support Animal

It may feel like you don't have any power when it comes to emotional support animals. However, you are only required as a landlord to make reasonable accommodations, so there are times you can legally deny a tenant's application.

Examples of circumstances where a landlord can refuse an emotional support animal are:

The tenant fails to provide or provides a fake ESA letter
The animal is destructive, too large, or displays threatening behavior
The animal is illegal in the state

You don't have to accept just any animal, and the U.S. Department of Housing and Urban Development (HUD) has determined an ESA is "a small, domesticated animal typically kept in the home."

As an emotional support animal does not have to be one you recognize, like a service dog, it can be confusing. This is why many landlords require the help of a property management company. It gives you that added support and experience you can draw from.

We Can Help

Navigating the Fair Housing Act, emotional support animals, and where you stand can be both confusing and frustrating. However, as long as you keep yourself on the right side of the laws relevant to your state, you can't go wrong.