Emotional Support Animals
As a rental property owner, you may have encountered a tenant who has an emotional support animal (ESA). Maybe the tenant provided a letter from a mental health professional documenting the tenant’s disability and the need for an ESA. Or, maybe the tenant did not mention the animal until after move-in, and you were surprised to find a pet in the unit. Regardless of how you found out about the emotional support animal, as a rental property owner, you need to know your rights and responsibilities regarding these animals.
The Fair Housing Act (FHA) The FHA is a federal law that prohibits discrimination in housing based on disability. This law applies to all types of housing, including rental properties. Under the FHA, a person with a disability is entitled to have an emotional support animal if the animal is necessary to provide the person with a disability an equal opportunity to use and enjoy the rental property.
So, if a tenant with a disability needs an emotional support animal to use and enjoy the rental property, the FHA requires the rental property owner to make reasonable accommodations for the animal. This means that the rental property owner must allow the emotional support animal to live with the tenant in the rental unit, even if the rental property has a no-pets policy.
The Department of Housing and Urban Development (HUD) HUD is the federal agency that oversees the FHA. HUD has interpretive guidance on the FHA that rental property owners should be aware of. Specifically, HUD has said that rental property owners may ask tenants for documentation that the tenant has a disability and that the emotional support animal is necessary to provide the tenant with an equal opportunity to use and enjoy the rental property. The documentation should be from a mental health professional and should state that the tenant has a disability and that the emotional support animal is necessary to provide the tenant with an equal opportunity to use and enjoy the rental property.
Rental property owners may not ask for documentation about the tenant’s disability or the specifics of the disability. Rental property owners may not require that the emotional support animal have any specific training or certification.
Service Animals
Service animals are different from emotional support animals. Service animals are trained to perform specific tasks for a person with a disability. Under the ADA, service animals are allowed in all public places, including rental properties. Unlike emotional support animals, there is no documentation required for a service animal. If a tenant has a service animal, the rental property owner may not ask for any documentation about the tenant’s disability or the specifics of the disability. The rental property owner also may not require that the service animal have any specific training or certification. So, if a tenant with a disability has a service animal, the ADA requires the rental property owner to make reasonable accommodations for the animal. Again, this means that the rental property owner must allow the service animal to live with the tenant in the rental unit, even if the rental property has a no-pets policy.
Policies Regarding Emotional Support Animals and Service Animals
As a rental property owner, you should have a written policy that outlines your policy regarding emotional support animals and service animals. Your policy should state that you will make reasonable accommodations for emotional support animals and service animals, in accordance with the FHA, the ADA, and HUD’s interpretive guidance. Your policy should also state that you will not ask for documentation about the tenant’s disability or the specifics of the disability. You should also state in your policy that you will not require that the emotional support animal or service animal have any specific training or certification. By having a written policy, you can help ensure that you are treating all tenants fairly and in accordance with the law.
If you need additional guidance on this issue, or if you are looking for help managing your rental property in general, please contact Specialized Property Management Houston Today.
