Housing Rights for Emotional Support Animals

Even if a property has a "cats only" policy, the landlord must accept your emotional support animal if it is a dog.

If the property has a policy that allows dogs weighing no more than 30 lbs. and the emotional support animal weighs 75 lbs., the property manager must make a change in the rules to accommodate you and your pet. If the property accepts all dogs, except pit bulls, and your ESA is a pit bull, the property manager must allow your pit bull to live with you.

Under the Fair Housing Act, property managers/landlords are NOT required to make a reasonable accommodation for ESA's or Service Dogs in these cases:

• Buildings with 4 or less units where the landlord occupies one of the units.
• Single family housing sold or rented without a real estate broker.
• Hotels and Motels are not considered dwellings under the FHA but are considered places of public accommodation.
• under the Americans with Disabilities Act.
• Private Clubs.

• Ask a tenant to pay a deposit, fee, or surcharge in exchange for having an emotional support animal, even if they require such a practice from owners who wish to obtain pets in their dwelling.
• Require that an emotional support animal have any specific training.
• Require the emotional support animal to wear or carry any special collar, harness, vest, emblem, or other means of identifying it as such.
• Inquire about the extent of the disability or ask for detailed medical records for the individual requesting the emotional support animal.
• Refuse to accommodate you and your animal because their insurance policy won't allow a species, breed, or weight. They are still subject to the law.

• Failure to accommodate a physically or emotionally impaired person is a violation of federal law and can be successfully sued AND the landlord/property manager financially penalized by the U.S. Justice Dept. because it is considered discrimination against a disabled person. Something the government takes seriously.
• Clients are encouraged to make sure the landlord or property manager are clearly aware of the law and consequences to help them avoid prosecution and punitive damages. Most are in violation simply because they do not know the law.
• A client can report the landlord/property manager to the U.S. Justice Dept. and file a complaint for discrimination.
• A client may sue the landlord/property manager for discrimination.
• You'll need to be prepared to reinforce your position and case with supplemental documentation from a physician or mental health professional that verifies your need for the animal.