When it comes to emotional support animals, such as dogs, the issue of whether landlords can refuse their accommodations is a complex one. Emotional support animals are not considered pets under the law, but rather assistive aids for individuals with mental health conditions. As such, landlords are required to make reasonable accommodations for tenants who require emotional support animals.
Yes, a landlord cannot refuse emotional support dog accommodations. Under the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities, which includes allowing emotional support animals in the rental property.
FAQs
1. Is an emotional support dog considered a pet?
No, emotional support animals are not considered pets. They are recognized as assistive aids for individuals with mental health conditions.
2. Can a landlord charge a pet fee for an emotional support dog?
No, landlords cannot charge pet fees or pet deposits for emotional support animals. These animals are not considered pets under the law.
3. What if a tenant’s lease agreement prohibits pets?
Even if a tenant’s lease agreement prohibits pets, landlords are still required to make reasonable accommodations for emotional support animals under the Fair Housing Act.
4. Can a landlord request proof of the need for an emotional support dog?
Yes, landlords can request documentation from a licensed healthcare provider stating the tenant’s need for an emotional support animal. However, they cannot ask for specific details about the tenant’s disability.
5. Can a landlord deny an emotional support dog based on breed or size?
No, landlords cannot deny an emotional support dog based on breed or size restrictions. They must make accommodations for the animal regardless of these factors.
6. Can a landlord evict a tenant for having an emotional support dog?
No, landlords cannot evict a tenant for having an emotional support dog if the tenant has provided proper documentation of the need for the animal.
7. Are there any exceptions to allowing emotional support animals in rental properties?
In certain cases, landlords may be exempt from allowing emotional support animals in rental properties if accommodating the animal would cause undue financial or administrative burden.
8. Can a landlord limit the number of emotional support animals a tenant can have?
Under the Fair Housing Act, landlords cannot limit the number of emotional support animals a tenant can have if each animal is necessary for the tenant’s disability.
9. Can landlords require emotional support dogs to be trained or certified?
Landlords cannot require emotional support dogs to be trained or certified as a condition for allowing them in rental properties. These animals do not have to perform specific tasks like service animals.
10. Can landlords deny accommodations for emotional support dogs in certain types of housing?
Landlords cannot deny accommodations for emotional support dogs in any type of housing, including single-family homes, apartments, and condos, as long as the tenant has provided proper documentation.
11. Can a landlord charge a higher rent for tenants with emotional support dogs?
Landlords cannot charge higher rent for tenants with emotional support dogs as a form of discrimination. The Fair Housing Act protects individuals with disabilities from this type of treatment.
12. Can landlords require emotional support dogs to be on a leash or restrained in common areas?
Landlords can require emotional support dogs to be on a leash or restrained in common areas to ensure the safety of other tenants and property, as long as these rules apply to all pets in the building.