More and more renters are enjoying the companionship of an emotional support animal (ESA) to cope with their mental and emotional health bug. There is a growing tendency recognizing the important benefits these animals provide for their owners. Under federal and state housing rules, landlords cannot discriminate against tenants who need emotional back up animals and ESA owners are allowed to live with their animals even in buildings that have "no pets immune" policies.

In this article, we will examine the process of renting an apartment with an emotional support brute and explore ways to deal with potentially hard landlords. Renters with emotional support animals have specific rights and protections nether federal and state rules. We will explore how these rules safeguard a tenant's right to have an ESA and how renters tin can authorize for these benefits.

Having an ESA and living in a Housing with a No Pets Policy

Under federal Fair Housing rules, an emotional support animal is a type of assist animal that is not considered an ordinary everyday pet. That means that a landlord'south usual policies regarding pets do not apply to an ESA. So even if a building completely prohibits pets, the landlord must still make accommodations for emotional back up animals.

It is important for ESA owners to understand ESA rules and so that they are able to properly take advantage of the benefits of owning an ESA. Information technology is also wise to advisedly plan and consider how to approach your landlord with an ESA request. Even though a landlord may be legally obligated to accommodate an ESA, yous still desire to exist on good terms with them and be cooperative in working through any issues that come up up.

Below are some steps and tips to consider when approaching your landlord, building owner, HOA or co-op that volition assist you successfully bring your emotional support animal into your rental home.

  1. Get an ESA Alphabetic character from a Therapist
    Getting your paperwork together to bear witness your potential or existing landlord is crucial in helping the ESA accommodation process go smoothly. Under Fair Housing rules, landlords are permitted to request documentation from a renter in order to bear witness that their animal companion is an actual emotional support fauna. There is simply i form of documentation that will do the job under Off-white Housing Rules: a recommendation alphabetic character from a licensed health care professional person.

    An ESA alphabetic character from a licensed professional will establish that yous have a inability such every bit depression, anxiety or PTSD and state your need for an emotional support beast to accost your wellness problems. This document should exist signed and dated by the licensed professional, and as well incorporate their license and contact data. A landlord has the right to demand an ESA alphabetic character from a tenant requesting accommodation for their ESA to ensure the request is 18-carat. If y'all would like to authorize for an ESA alphabetic character remotely, that is an pick available to yous too.

  2. Permit Your Landlord Know Most your ESA
    In one case you have qualified your animate being companion as an emotional support fauna with an ESA letter, it'southward now time to approach your landlord. The best approach is to go on in a friendly and open fashion. You tin can make your ESA request verbally or in writing (via email for example). The vast majority of landlords are happy to comply with their obligations nether Off-white Housing rules, and many landlords are sympathetic when it comes to the mental wellness needs of their tenants.

    Your landlord is entitled to verify that your animal friend is indeed an ESA past requesting an ESA letter of the alphabet. You are not under any obligation to disclose your specific inability or other sensitive details nigh your status. Under Fair Housing guidance, landlords are encouraged to engage in a good-faith interactive dialogue with the tenant to resolve any issues regarding their ESA asking. It is important that both sides mind to each other and piece of work together to resolve any barriers to accommodating the emotional back up animal.

    Once you submit a asking for ESA accommodation, your housing provider has to reply promptly, and within ten days. They likewise cannot charge you lot an awarding fee or any other type of fee in order to consider your ESA request. If the landlord has any doubts or questions most your request, they should let yous know what they experience is missing and offer you an opportunity to provide additional information. Nether Off-white Housing rules, landlords are but permitted to deny an ESA request in limited circumstances, such every bit if they determine the ESA is prophylactic risk to others.

    One mutual question that renters applying for a new flat have is whether they should agree off on disclosing that they have an ESA. These tenants often fear that they will be discriminated against and exist rejected for an flat before they tin can even sign the charter. There is no Fair Housing mandate to disclose an ESA at the fourth dimension you apply for an apartment. Landlords are also obligated to consider an ESA request from a tenant whenever they receive information technology.

    However, you should weigh these factors against whether it will truly matter if you disembalm your ESA to your landlord when applying for an apartment and how your landlord might react if subsequently they feel they were misled. There is a human component to recall virtually when dealing with a landlord who you may accept to live with for a potentially long time. Recollect, federal laws protect your correct to alive with an emotional support animal. That being said, some renters choose to submit their ESA request subsequently they sign their lease considering it gives them comfort that they will not be subjected to unwarranted discrimination.

  3. Make Sure your Animal Behaves
    It is important for renters to sympathize that nether Fair Housing rules, there are certain situations where a landlord is allowed to deny an ESA asking. For example, the landlord can validly reject an ESA if the landlord makes a determination that having the ESA in the home would constitute a direct threat to the health or safety of other individuals. Landlords can also deny ESAs that would cause substantial physical damage to the belongings of others.

    Although emotional back up animals do non need any specialized training to accost their owner'southward mental health issue, they should always be well-behaved and obedient. A landlord may be justified in evicting an ESA that causes substantial property damage or is threatening to other tenants. Beingness a good neighbor with an ESA that does not cause a nuisance is as well just the right affair to do.

    ESA owners should also be aware that if their ESA causes any damage to the rented holding or common areas of the building, they volition exist responsible for paying for the costs. Although landlords can't request a pet deposit or fees for an ESA, they are allowed to deduct any expenses for damages from the tenant'due south full general security deposit.

    A well-behaved ESA also serves every bit a good ambassador for other ESAs and their owners. The ESA community at big benefits from showing landlords and other residents that emotional support animals won't interfere with their daily lives and do not pose any type of threat to their prophylactic or holding.

  4. Understand what Rights you Have equally an ESA Possessor
    The Fair Housing Act was enacted to cease landlords and building owners from discriminating confronting tenants that need special help in the form of emotional support. Under these rules, renters with ESAs are protected and have special rights.

    Equally previously discussed, ESAs must exist accommodated fifty-fifty in buildings that normally forbid pets. In addition, housing providers are not allowed to charge a fee or deposit relating to the emotional support animal, fifty-fifty though they may tenants that have normal pets. It is too important to note that housing providers cannot disallow an ESA solely considering it is a certain breed or weight. For example, even if a building's policies prohibit dogs that are over 20 pounds, the housing provider must however accommodate a big emotional support dog.

    Fair Housing rules with respect to ESAs apply to near types of rented housing, including apartments, condominiums, and single-family homes. There are yet some smaller rental buildings that are exempt from Fair Housing rules regarding ESAs. Renters that are in owner-occupied buildings with no more than 4 units and single-family unit houses sold or rented by the owner without the use of an agent are not protected by Fair Housing rules. However, many landlords in these types of housing will all the same accommodate ESAs as a courtesy, even though legally they are non obligated to do so.

Emotional Support Animal Discrimination Cases

Virtually landlords and apartment managers are happy to fulfill their obligations under Fair Housing rules when it comes to emotional support animals. There are some landlords that are unaware these rules even exist, but come up around one time they are informed of what federal and state laws need of them.

Unfortunately, there is a small subset of housing providers that are unreasonably difficult near ESA accommodations and use various tactics to try to reject a tenant'south rightful ESA asking. Many landlords accept been sued for not properly adhering to rules regarding a tenant's correct to live with their ESA. Beneath are just a few examples of cases that have been brought relating to violations of ESA rules:

  • Breed and Weight Discrimination Case
  • ESA Domestic dog in College Dorm Housing Case
  • Additional Fees/Pet Deposit for ESA Case

It is never a pleasant situation for anyone to get embroiled in a legal dispute regarding an ESA. Well-nigh landlords are reasonable and will come to an agreement regarding a tenant'southward ESA after constructive dialogue with the tenant.

Still, if you are a renter and you believe your housing provider is violating your legal rights even after numerous attempts to resolve the situation amicably, you have the option of filing a complaint directly with HUD. Notwithstanding, this should really be used equally a last resort option and in situations where a housing provider is egregiously violating your federally protected rights equally an ESA owner.

Qualifying for an ESA letter

Living with an Emotional Support Animal is your correct if you have mental and emotional wellness struggles. If you don't have access to a therapist, y'all can connect with one online through ESADoctors.com. Click on the link beneath to get started with your online ESA evaluation.

Get Started

Start your questionnaire now to see if yous authorize for an emotional back up animal.