Emotional support animals help people with mental health disorders like depression and anxiety. They also provide companionship and comfort. If you’re one of the 50 million Americans living with a mental health issue, you could be looking toward getting a support dog. Unfortunately, if you live in a rented property, bringing your dog home with you might not be a straightforward affair. Your landlord might have rental policies that restrict living with a pet. But can a landlord refuse an emotional support dog?
Read on for expert insight.
Understanding Landlord and Tenant Rights
Every state has landlord-tenant laws that spell out the rights and responsibilities of both parties. Everyone has a right to own a pet, but landlords also have a right to create rental rules, including pet policies, for their properties.
A landlord can ban pets completely, or restrict certain types of pets, because they present certain housing challenges. For example, dogs that bark incessantly can cause disturbance to other tenants in the buildings.There are no specifications on which dog breed can be an emotional support animal. Anyone who has the appropriate documentation from a mental health specialist can have any dog as their service animal. From this angle, you can see why some landlords might be included to refuse all kinds of pets, including support animals.
And on that note, if you don’t have the documentation yet, check out one of the best ESA letter providers and get started.The Fair Housing Act and ESAs
Were it not for the Fair Housing Act, landlords would probably have the right to reject renters with an emotional support animal. Thankfully, you have ESA rights, which means it is illegal for a landlord to deny you housing because of your support dog.
Not only that, but the landlord is also required to make reasonable accommodations to help tenants living with a disability have a more comfortable environment. If you have ESA registration, it means you’re living with a disability. So, even if the property has a “no pets policy,” your landlord should take steps to accommodate your situation.
That being said, there are circumstances under which a landlord can be justified to reject your rental application on grounds of having an ESA.For example, if providing the necessary accommodation for a renter with an emotional support dog would present an undue financial burden, they are within their rights to protect themselves. Or maybe you have a support dog that is a threat to the safety of other tenants.
If a landlord rejects your dog, they must give their reasons. If you feel they’re being unfair or their reason has no justification, you can report them to the Department of Housing and Urban Development.Can a Landlord Refuse an Emotional Support Dog?
So, can a landlord refuse an emotional support dog? In many cases, no.
Your rights are protected under the Fair Housing Act, but it’s not a blanket protection. There are a few instances where landlords can refuse your support dog and even use it as grounds for eviction.
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