As a landlord, you have the right to know about the animals residing on your property, and in most cases, you can ask for documentation from tenants with respect to service animals or emotional support animals.
However, with the increasing use of emotional support animals (ESAs), there has been some confusion about what landlords can and cannot ask for when it comes to these animals.
What We’ll Cover
In this article, we will discuss whether landlords can ask for proof of emotional support animals and what documentation they can legally request.
I will also provide background information regarding this question including what qualifies as an emotional support, which questions and request for documentation are permissible and which are prohibited, and what happens if a tenant refuses to provide legitimate requests for documentation.
If you have don’t have the time to read through it all, here’s a short answer to the question:
Landlords can ask for proof of emotional support animals. The Fair Housing Act allows landlords to ask for reliable documentation from a qualified medical professional that confirms the need for an emotional support animal, but they may not ask for additional information about the tenant’s disability.
Ok, we’ve got a lot to cover, so let’s get into it.
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What is an emotional support animal?
An emotional support animal is a companion animal that provides comfort and support to someone with a mental or emotional disability. ESAs do not require any special training, and they can be any type of animal that provides emotional support to their owners. Unlike service animals, which are trained to perform specific tasks, ESAs are primarily meant to provide emotional support to their owners.
Can a landlord ask for proof of an emotional support animal?
Yes, landlords can legally ask for documentation to prove that a tenant has an emotional support animal.
The Fair Housing Act (FHA) requires landlords to provide reasonable accommodations to tenants with disabilities, including allowing them to keep an emotional support animal in their home, even if the building has a no-pets policy.
However, landlords are allowed to ask for proof that the animal is needed for the tenant’s disability.
What documentation can a landlord legally request?
Under the FHA, landlords can ask for reliable documentation that the tenant has a disability and that the animal is needed to alleviate symptoms of that disability.
While landlords cannot ask for specifics about the tenant’s disability, they can ask for documentation from a qualified medical professional that confirms the need for an emotional support animal.
Acceptable forms of documentation may include a letter from a licensed therapist, psychiatrist, or other mental health professional, stating that the tenant has a disability and that the animal provides emotional support that helps alleviate symptoms of that disability.
The letter must be current (usually within the past year), and it should include the professional’s license number and contact information.
Landlords cannot ask for additional information, such as the nature of the disability or the specific tasks the animal is trained to perform. They also cannot ask the tenant to pay a fee or deposit for the emotional support animal.
However, if the animal causes damage to the property or becomes a nuisance, the landlord may be able to take action, just as they would with any other pet.
It’s important to note that there are many online companies that claim to provide “official” emotional support animal certificates or registrations.
However, these documents are often scams and have no legal standing. Landlords should only accept documentation from qualified medical professionals.
What if the tenant cannot provide documentation?
If a tenant cannot provide documentation to prove that they have an emotional support animal, the landlord may be able to deny the request for accommodation. However, landlords must be careful not to violate the tenant’s rights under the FHA or other disability laws.
If a tenant believes that their rights have been violated, they may file a complaint with the U.S. Department of Housing and Urban Development (HUD) or pursue legal action.
This can be a delicate and complex area, so you should research the law around this if you are unsure (or hire a lawyer to help you).
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Conclusion
Landlords have the right to ask for proof of emotional support animals, but they must do so in a way that does not violate the tenant’s rights under the FHA or other disability laws.
Landlords can legally ask for reliable documentation from a qualified medical professional that confirms the need for an emotional support animal, but they cannot ask for additional information about the tenant’s disability or charge a fee or deposit for the animal.
By understanding the laws and requirements surrounding emotional support animals, landlords can provide reasonable accommodations to tenants with disabilities while protecting their property and rights.