Can A Landlord Deny An Emotional Support Animal Based On Breed?

Can I have 2 emotional support animals?

The law allows you to have more than one emotional support animal.

Please note that the request must be reasonable.

It is acceptable under the Americans With Disabilities Act (ADA) for a person who has been diagnosed with a legitimate condition to have more than one Emotional Support Animal..

What is the federal law on emotional support animals?

Under the Fair Housing Act, housing providers are obligated to permit, as a reasonable accommodation, the use of animals that work, provide assistance, or perform tasks that benefit persons with a disabilities, or provide emotional support to alleviate a symptom or effect of a disability.

Can a landlord ask for a doctor’s note for a service dog?

Landlords only need to know that you are disabled and your service animal can benefit your health and safety. However, they can ask for proof that your service dog has been certified by a medical professional. The usual document is a letter from doctors stating that your disability may benefit from your service dog.

Does a landlord have to accept a service dog?

No, a landlord cannot refuse access to a service dog as they are protected by the ADA. A service dog is a medical tool and not a pet. There are two types of assistance animals that have special rights regarding housing.

Can an emotional support animal be denied?

Emotional support animals cannot be denied due to their age. Landlords that deny dogs because they are younger and are considered puppies are not following the rules set out by the Fair Housing Act. With that being said, you are responsible for the actions of your ESA.

How many emotional support animals can a tenant have?

one emotional support animalYou can have more than one ESA. There are no specific rules stating the maximum number of ESAs you may have. As long as the animal(s) does not violate any state or local laws and your therapist agrees your ESAs are there for your well-being, you can have more than one emotional support animal.

Can you charge pet rent for an emotional support animal?

Federal Laws Landlords may not charge the tenant extra “pet” rent or “pet” security deposit for a service or emotional support animal. Landlords may not apply other “pet policy” rules like breed or weight restrictions to service or emotional support animals.

Can a landlord ask for proof of emotional support animal?

Can a landlord ask for proof for my emotional support animal? Yes, a landlord may ask you for an ESA letter from a licensed mental health professional.

Do landlords have to accept emotional support dogs?

Because landlords are not obliged to accept emotional support animals when processing your application in the same way they have to with service dogs, you may have to accept that some accommodation may be off limits to you if you do not have documentation or an ESA letter from a licensed therapist.

Can a landlord deny a service dog based on breed?

Breed Restrictions A landlord is permitted to refuse accommodation for a service animal based on breed if allowing the animal would constitute an undue burden. An example might be if the landlord’s insurance carrier would drop his coverage if an animal of a restricted breed were kept on the premises.

What rights do landlords have regarding emotional support animals?

Legally, a landlord is permitted to request supporting materials which illustrate the tenant’s need for an ESA; however, federal law does not mandate the tenant to provide proof of training or ESA certification of an animal. … Considerations can also include the potential disturbance the animal may pose to other tenants.

Can a landlord deny an ESA?

Under the Federal Fair Housing Act, individuals with disabilities have protections from discrimination, including those who require an ESA to function. It states that landlords cannot refuse a potential tenant based solely on their disability and must make reasonable accommodations for them.

What disabilities qualify for a service dog?

Physical disabilities that may qualify for service animals include but aren’t limited to:Blindness (partial and complete)Deafness (partial and complete)Paralysis.Multiple Sclerosis.Autism.Epilepsy.Osteoporosis.Scoliosis.More items…

Can a landlord legally say no pets?

The Consumer Rights Act (2015) states that a no pet clause should allow for the tenant to ask for permission to keep a pet. The landlord is not allowed to unreasonably refuse the request. … If you, as a tenant, were to take this to court, then it is likely that you would win the right to keep a pet.

What does the Fair Housing Act say about emotional support animals?

Unlike a service animal, an emotional support animal is not granted access to places of public accommodation. Under the federal Fair Housing Act (FHA), an emotional support animal is viewed as a “reasonable accommodation” in a housing unit that has a “no pets” rule for its residents.