ESA Owner Rights: Housing

Our patients often ask us about the rights they have once we have decided that ESA treatment is right for them.

Individuals with disabilities have certain rights, which include access to their ESA or service animal, according to the Americans with Disabilities Act (ADA).

The Air Carrier Access Act 49 U.S.C. 41705, Dept. of Transportation 14 C.F.R. Part 382 and The Fair Housing Amendments Act of 1988 are the laws that protect an emotionally disabled person and his/her ESA.

The legal protections for an Emotional Support Animal (ESA) are:

1. The right to fly with its psychologically disabled handler in the cabin of an aircraft, inside or outside a travel carrier, without the handler being charged a pet fee.

2. Qualification for no-pet housing ( including limited size, breed, or species housing) without being charged a pet fee (however, a landlord can still require a refundable pet deposit).

No other public or private entity (motels, restaurants, stores, trains, taxis, buses, theaters, parks, beaches, libraries, zoos, etc.) are required to allow your ESA to accompany you, and in all other instances, your ESA has no more rights than a pet. That means they aren’t protected by law to accompany you into any public place that does not allow pets. That doesn’t mean these places won’t let you, it just means that they are not required to by law. Your ESA is also not protected if it harms another individual. Local, county, and state liability laws will apply.

Housing

Talking to Your Landlord

Telling your landlord you have an ESA can be challenging, as many are unaware of ESA regulations. Before you inform your landlord about your ESA, learn your rights. Landlords may attempt to bully you by requesting sensitive medical records or your medical history. These requests  are not legal, and are in violation of Fair Housing standards. Others may simply be unaware of ESA laws. Knowing your rights allows you to educate your landlord and keep you protected when requesting a reasonable accommodation.

To make your pet into an official ESA, you will need an ESA letter from a licensed mental health professional. This is mandatory. Without an ESA letter, by law your pet would not be considered an ESA. If you are currently seeing a therapist, I recommend that you request an ESA letter from them directly. If they aren’t trained in ESA treatment, or you do not have a treating therapist, feel free to complete Guidance Teletherapy’s Intake Assessment Form so we can attempt to match you with a treating therapist in your area.

Once you know your rights and have your letter, submit your ESA letter to your landlord via email, fax, or in person. Guidance Teletherapy instructs patients to email their letter, as there is then a “paper trail,”or proof that documentation was submitted to the landlord. With the letter, include that you are requesting “a reasonable accommodation that will allow you the equal opportunity to use and enjoy your dwelling similarly to your non-disabled peers.”

My Landlord Has A Form

Your landlord may well be aware of ESA rights, and may request that the licensed mental health professional who wrote the letter complete a form. This is within their right to ask. Some of the forms come directly from HUD, while others are created by the housing property themselves.The forms often include the same information found in the letter. This is a landlord’s way of ensuring that the tenant requesting an accommodation did not fabricate their letter, and has actually been prescribed treatment in the form of an ESA.

These forms also protect the landlord because they show documentation that a request was made and granted, to whom it was granted, and for what. It also provides a “time stamp” showing when the request will need to be re-evaluated and potentially rejected if the letter is expired. Reminder: an ESA letter is legal for one year from the date of signature, and you will need to be reassessed and re-prescribed if continued ESA treatment is needed.

If you received your letter through Guidance Teletherapy, simply email the form to your therapist and they will complete it and email it back to you within 1 to 3 business days. If you got your letter through Guidance Teletherapy and need a renewal, send an email to contact@guidancett.com

My Landlord Rejected My Letter…

For no good reason

If your landlord attempts to reject your ESA, you must tell them to provide you with a formal letter stating their position. Providing a formal rejection is required by law, and it needs to be in the form of an email or hard copy letter, but not a text message. You will respond back to them in writing that you provided all necessary documentation (an ESA letter from a licensed mental health professional) and that they are choosing to reject a reasonable accommodation request.

You will also inform them, in writing, that you will be filing a complaint with HUD for open discrimination of your disability. At this point your landlord will be forced to learn the laws stating that a reasonable accommodation is required to ESA handlers. If you obtained your letter through Guidance Teletherapy, your therapist is willing to advocate for your needs and speak to your landlord if necessary (be aware that a “Release of Information” will need to be filled out in this case, otherwise you will need to be on the call or CCed in the email).

Please note that we at Guidance Teletherapy are not lawyers, and this is not legal advice. This is information that Guidance Teletherapy patients have found helpful, and which I hope you find helpful as well.

Because of it’s age, size, or breed

An ESA cannot be denied by a landlord because of its age, size, or breed. Landlords that attempt to deny ESAs because of these factors are not following the rules set out by the Fair Housing Act. You will respond back to their rejection in writing that you’ve provided all necessary documentation ( an ESA letter from a licensed mental health professional) and that they are choosing to reject a reasonable accommodation request because of the [age, size, breed] of your ESA. Continue to say that this is against the Fair Housing Act of 1988, and that you will be filing a complaint with HUD for open discrimination of your disability. Often this will shock the landlord into researching landlord/tenant rights and they will accept your request.

With all of that being said, you are responsible for the actions of your ESA. If your ESA causes damage to the building, you are liable. If your ESA harms another person, you are liable. The key is to clearly explain to your landlord that there aren’t age, size, or breed requirements for an ESA, and that you will be a responsible handler and ensure your ESA is well behaved.

Because they question my disability

You may find yourself in a situation where a landlord seems overly interested in learning about your mental health related disorder. They may ask questions such as: what is your diagnosis, how severe is your disorder, or do you take medication for it. All of these questions are illegal. Landlords cannot question you directly about your disability.

Some may not believe you are disabled because they cannot "see” your disability. They may attempt to request that you provide additional medical information or medical records to prove your disability. This too, is illegal. If you ever feel uncomfortable with your landlord’s questions, request that they email them to you directly so you can keep a copy. Respond back to them that it is illegal to inquire regarding information about your disability and that you recommend they seek legal advice before continuing to pressure you to disclose details about your disability.

Could I Get Evicted?

Your landlord cannot evict you simply because they do not want you to have an ESA. This is in direct violation of Fair Housing regulations. You are allowed, by law, to request a reasonable accommodation for your ESA before bringing them into your home or apartment. There have been some legal cases which have sided with a tenant who had their ESA first, before making a request, but those instances are few and far between. To prevent the threat of eviction, do not bring your ESA into the dwelling before the reasonable accommodation request has been submitted and approved.

If your landlord approved your ESA and your ESA has caused harm to the landlord, other tenants, the dwelling, etc. you may be at risk for eviction. This is because you, as the owner of the ESA, must have control of it’s behavior.

When A Landlord Can Legally Reject an ESA Request

Landlord have rights as well, and there are specific instances when they can reject your ESA.

1. If the animal is too large for the accommodation size. For example, a horse or a llama may be rejected from a small studio apartment. Please note that Guidance Teletherapy clinicians are only trained in human-feline and human-canine bonding interactions and therefore would not prescribe an ESA horse or llama.

2. If the building has 4 units or less, and the landlord lives in one of the units.

3. If the dwelling is a single-family house that was rented without a realtor, and the owner owns less than 3 single family homes (including their own).

4. If the animal in the unit brings undue financial hardship to the landlord.

5. If the animal causes damage or harm to others in the building.

6. Housing operated by religious organizations

7. Private clubs that limit occupancy to members.

Remember that you have rights. If your ESA eases adverse symptoms of your mental health related disorder, then stand firm in advocating for your needs.

Housing Discrimination Complaint Online
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, S.W. , Room 5242
Washington, D.C. 20410

Here are a few legal actions that occurred for ESA handlers with landlords in the United States, and the results of each case.

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