A Guide To The Fair Housing Act And Emotional Support Animals

Fair Housing, ESAs and Service Animals Working Like Dogs from workinglikedogs.com

What Is the Fair Housing Act?

The Fair Housing Act (FHA) is a law that was passed in 1968 by the U.S. Congress. It prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, national origin, sex, disability, and familial status. This means that landlords and property owners cannot refuse to rent or sell to someone based on any of these characteristics. The FHA also requires landlords to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals.

What Is an Emotional Support Animal?

An emotional support animal (ESA) is a pet that provides comfort and emotional support to its owner. Unlike a service animal, an ESA does not have any special training, and its primary role is to provide companionship and comfort. It is important to note that an ESA is not considered a pet and is not subject to the same restrictions as other pets.

How Does the Fair Housing Act Apply to ESAs?

The FHA requires landlords to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals. This means that even if a landlord has a “no pets” policy, they must make an exception for tenants with an ESA. The landlord must also waive any pet deposits or pet fees.

What Are the Requirements for an ESA?

In order to qualify for an ESA, the tenant must have a disability that substantially limits one or more major life activities. The tenant must also have a letter from their doctor or mental health professional that states that an ESA is necessary for the tenant’s health and wellbeing. The letter must include the tenant’s name, the doctor’s contact information, and the date the letter was written.

What Breeds of Animals Are Allowed?

Under the FHA, landlords are not allowed to discriminate against tenants with ESAs based on breed or size. This means that landlords must allow tenants to keep any type of animal that does not pose a direct threat to the health and safety of other tenants or cause substantial physical damage to the property.

What Are the Responsibilities of the Tenant?

Tenants with ESAs are responsible for their animal’s behavior. They must ensure that their ESA is well-behaved and does not cause any problems. Tenants are also responsible for cleaning up after their animal and ensuring that it is not a nuisance to other tenants.

What Are the Responsibilities of the Landlord?

Landlords must allow tenants with ESAs to keep their animal on the property, even if they have a “no pets” policy. Landlords must also waive any pet deposits or pet fees for tenants with ESAs. Landlords are not allowed to discriminate against tenants with ESAs based on breed or size.

Are There Any Exceptions to the FHA?

Yes, there are some exceptions to the FHA. Landlords are not required to make reasonable accommodations if it would impose an undue financial or administrative burden on them or if it would fundamentally alter the nature of their operations. Landlords are also not required to make accommodations if the tenant’s animal is a direct threat to the health and safety of other tenants or would cause substantial physical damage to the property.

Where Can I Find More Information?

If you have any questions about the FHA or ESAs, you can contact your local housing authority or the U.S. Department of Housing and Urban Development. You can also consult a lawyer who specializes in housing law.

Conclusion

The Fair Housing Act is an important law that prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, national origin, sex, disability, and familial status. It also requires landlords to make reasonable accommodations for tenants with disabilities, including allowing emotional support animals. Tenants with ESAs must have a letter from their doctor or mental health professional stating that an ESA is necessary for their health and wellbeing and must take responsibility for their animal’s behavior. Landlords must allow tenants with ESAs to keep their animal on the property and must waive any pet deposits or pet fees.