It is common for apartment buildings and other residential rental properties to have strict policies when it comes to pets. These policies are often designed to reduce potential issues, such as property damage, noise, or additional maintenance. Because of this, it is common for landlords to deny accommodation to pets, even smaller pets like guinea pigs, hamsters, and birds.
Due to how widespread and strict no-pet policies are, it is common for renters to assume that any type of animal wouldn’t be allowed under these policies. However, what about animals that aren’t just pets, such as emotional support animals, shortly known as ESAs? After all, they have a legal status that goes beyond being simply a pet.
This is something that many wonder, and in this article, we will provide an answer to this commonly asked question: if an apartment says no pets, does that include emotional support animals? Read on to get your answers.
If an Apartment Says No Pets Does That Include Emotional Support Animals?
When going through rental listings, note that when a listing says no pets, it doesn’t include emotional support animals. A landlord cannot have a preference on whether or not they accept emotional support animals. This is because emotional support animals aren’t legally classified as pets, even though they may appear and function the same. So, if an apartment says no pets does that include emotional support animals? No, a landlord’s restrictions do not apply to ESAs.
As for why emotional support animals aren’t subject to the same restrictions as regular companion animals, they have federal protections. The Fair Housing Act is the federal law that requires emotional support animals to be considered a form of reasonable accommodation for individuals with a qualifying mental disability.
Thanks to this, landlords are generally required to allow them, even in buildings that enforce a strict no-pet rule. This protection also means that landlords cannot charge extra fees for emotional support animals, such as pet fees, rents, or deposits.
While this makes it clear for those who are looking for a new place that emotional support animals are off-limits when it comes to pet policies, what about those who already have signed their lease or rental agreements?
If this sounds like you, know that the same protections also apply. If you require an emotional support animal after signing your lease or rental agreement that includes a no-pet policy, you can request your landlord to accommodate your emotional support animal.
Exceptions to ESA Housing Protections
While it is clear that emotional support animals aren’t treated as pets, there are certain situations where a landlord may not be required to accommodate them. These exceptions are limited and don’t apply to most individuals with an emotional support animal, but it is necessary to know them to get a complete understanding of ESA laws.
One common exception involves landlords who are exempt from the Fair Housing Act, such as:
- Single family homes renting without a broker
- Owner-occupied buildings with four or fewer units.
- Religious organizations and clubs that house members.
If a landlord isn’t one of these, they may still be able to deny an emotional support animal if the animal poses a direct health or safety threat to others. An example of this would be a dog that chews on the walls or an animal that’s aggressive towards other tenants. Besides these exceptions, landlords must generally allow emotional support animals.
How to Make Your Animal an ESA?
To make your animal an emotional support animal, you must obtain an ESA letter from a mental health professional licensed to practice in your state. This letter is a medical document that confirms that you have a qualifying condition (doesn’t have to state the exact disability) and require an emotional support animal as part of your treatment plan.
You can present this document to your landlord when making your accommodation request, along with supporting documents if you have ESA registration. Unless the above exceptions apply, your landlord must generally accept your accommodation request. In case you come across issues, you can file a Fair Housing Act violation complaint with local authorities.
If an Apartment Says No Pets Does That Include Emotional Support Animals? Now You Know
If an apartment says no pets, it doesn’t include emotional support animals. Now that you have an answer to this commonly asked question, you can look for rental properties with your ESA letter, knowing that you have more options compared to someone without one.
If you don’t have an ESA letter but have a qualifying mental disability (or think that you have one), contact a licensed mental health professional to see if an emotional support animal would be a good option for you. In addition to registration, ESA services like US Service Animals can help with this and set you up with a qualified practitioner in your area to get the process started.
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