Can a landlord require a security deposit for emotional support animals?
When it comes to emotional support animals, landlords are legally required to make reasonable accommodations for tenants with disabilities. This includes waiving pet deposits and pet rent for assistance animals under the Fair Housing Act. According to the Act, emotional support animals are not considered pets but rather tools to help individuals with disabilities alleviate their symptoms.
However, the issue of security deposits for emotional support animals can be a bit murkier. Some landlords may try to require a security deposit for emotional support animals, citing potential damages or liabilities. But is this legally permissible?
The short answer is no. Landlords cannot require a security deposit specifically for emotional support animals. Doing so would be considered discrimination under the Fair Housing Act. Emotional support animals are not pets, and therefore, should not be subject to the same fees or restrictions as traditional pets.
If a landlord tries to request a security deposit for an emotional support animal, tenants have the right to push back and seek legal recourse. Landlords must provide reasonable accommodations for individuals with disabilities, which includes allowing emotional support animals without charging additional fees.
FAQs about emotional support animals and security deposits:
1. Can a landlord deny housing to someone with an emotional support animal?
No, a landlord cannot deny housing to someone with an emotional support animal as it would be considered discrimination under the Fair Housing Act.
2. Can a landlord charge a pet deposit for a companion animal?
No, landlords cannot charge pet deposits for companion animals as they are considered assistance animals under the Fair Housing Act.
3. Can a landlord increase rent for tenants with emotional support animals?
No, landlords cannot increase rent for tenants with emotional support animals as it would be a violation of the Fair Housing Act.
4. Can a landlord evict a tenant for having an emotional support animal?
No, landlords cannot evict a tenant for having an emotional support animal as it would be considered retaliation under the Fair Housing Act.
5. Can a landlord refuse to renew a lease because of an emotional support animal?
No, landlords cannot refuse to renew a lease because of an emotional support animal as it would be considered discrimination under the Fair Housing Act.
6. Can a landlord ask for documentation for an emotional support animal?
Yes, landlords can ask for documentation from a healthcare provider verifying the individual’s need for an emotional support animal.
7. Can a landlord ask about the specifics of a tenant’s disability or condition?
No, landlords cannot ask about the specifics of a tenant’s disability or condition as it would be a violation of the tenant’s privacy rights.
8. Can a landlord require a specific type of emotional support animal?
No, landlords cannot require a specific type of emotional support animal as long as the animal provides necessary emotional support to the tenant.
9. Can a landlord charge a cleaning fee for an emotional support animal?
No, landlords cannot charge a cleaning fee specifically for an emotional support animal as it would be considered discriminatory.
10. Can a landlord set weight or breed restrictions for emotional support animals?
No, landlords cannot set weight or breed restrictions for emotional support animals as long as the animal is providing necessary emotional support to the tenant.
11. Can a landlord require an emotional support animal to be spayed or neutered?
No, landlords cannot require an emotional support animal to be spayed or neutered as it would be considered discrimination under the Fair Housing Act.
12. Can a landlord deny an emotional support animal based on allergies of other tenants?
No, landlords cannot deny an emotional support animal based on allergies of other tenants as it would be considered discrimination under the Fair Housing Act.