Service and Emotional Support Animals: Legal Considerations for Landlords
Service animals and emotional support animals (ESAs) are a legal gray area for landlords, offering privileges to disabled individuals that non-disabled people don’t have. This article will take a deeper look at the legal considerations for landlords.
Main points on legal considerations for landlords
Navigating this legal gray area is anything but easy. Here are the main points landlords need to be aware of:
- You must make reasonable accommodations for tenants with service and emotional support animals.
- You cannot discriminate against tenants with service and emotional support animals.
- You can charge a pet deposit for ESAs, but cannot charge a pet fee or rent increase.
- You have the right to inquire about the animal and the tenant’s disability.
- You may be liable for damages caused by the service or ESA.
What is a Service Animal?
A service animal is defined under the Americans with Disabilities Act (ADA) as any animal that is individually trained to perform tasks or do work for a person with a disability. This includes seeing eye dogs, guide dogs, hearing dogs, psychiatric service animals, and even miniature horses.
Service animals are allowed to accompany their owners in public places even when other pets are prohibited. Landlords must make reasonable accommodations for service animals, such as removing no-pets policies, paying for repairs or damage, and allowing the animal to use common areas.
What is an Emotional Support Animal?
An emotional support animal (ESA) is defined by the Fair Housing Act (FHA) as any animal that is prescribed by a mental health professional to provide comfort or emotional support to a tenant suffering from a disability. ESAs are not typically trained to perform specific tasks and are more of a companion animal than a service animal.
Unlike service animals, ESAs are not allowed in public places where pets are otherwise prohibited. Landlords must make reasonable accommodations for ESAs, such as removing no-pet policies and allowing the animal to use common areas.
Can landlords ask for proof of disability from tenants with service/emotional support animals?
Yes. Landlords can ask for proof of disability from tenants with service and emotional support animals. This can include a doctor’s note or some other form of documentation. It is important to check with the tenant’s doctor to ensure that the animal is necessary for the tenant’s disability.
Are landlords allowed to charge a pet deposit or fee for ESAs?
Landlords can charge a pet deposit for ESAs, but cannot charge a pet fee or rent increase. This is because the FHA expressly prohibits landlords from discriminating against tenants with disabilities.
Are landlords liable for any damage caused by service/emotional support animals?
Yes. Landlords are liable for any damage caused by service and emotional support animals. This is why it is important to have a clear understanding of the animal’s behavior beforehand. Tenants should be truthful about the animal’s demeanor and any destructive tendencies.
How can landlords ensure that they are in compliance with the law?
Landlords can ensure they are in compliance with the law by learning all applicable state and federal laws. They should also ensure that their rental policies reflect their understanding of the law.
Finally, landlords should have a clear understanding of the tenant and animal’s rights. Landlords should not discriminate against tenants with disabilities nor should they make any requests that are not specifically allowed by the law.
Conclusion
In conclusion, landlords need to understand their rights and responsibilities when it comes to service and emotional support animals. Landlords must make reasonable accommodations while also being aware of potential liabilities. Ultimately, if landlords are knowledgeable and compliant with all applicable laws, they should have no problems navigating this legal gray area.
Are emotional support animals and service animals the same thing?
No, emotional support animals and service animals are not the same thing. Service animals are specifically trained to help people with disabilities and are recognized as working animals under the Americans with Disabilities Act (ADA). Emotional Support Animals (ESAs) provide companionship and comfort for people with emotional or mental impairments, but they do not have any of the same legal protections as service animals and typically are not allowed to accompany their owners in places like restaurants and stores where animals are typically not allowed.
Are emotional support animals allowed in public places?
Yes. Emotional support animals are allowed in public places in accordance with the Americans with Disabilities Act (ADA). In many cases, public places, such as restaurants, parks, stores, hotels, and other businesses open to the public, must allow emotional support animals into their establishments, provided they meet certain requirements. In general, businesses must allow an ESA if the individual can provide a valid ESA letter signed by their treating healthcare provider or mental health professional. If you’re taking your ESA to a public place, it’s important to understand the local laws and regulations, as well as the specific business’s policies.
Can emotional support animals be taken on airplanes?
Yes, in many cases emotional support animals can be taken on airplanes. You must first register them with the airline and provide evidence of your disability or emotional need. Some airlines may require additional documentation or proof such as a doctor’s letter confirming your need for an emotional support animal.