Can Landlords Discriminate Against Emotional Support Animals?

The person seeking the emotional support animal must have a verifiable disability (the reason cannot just be a need for companionship).

The animal is viewed as a “reasonable accommodation” under the Fair Housing Amendments Act of 1988 (FHA or FHAct) to those housing communities that have a “no pets” rule..

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 you refuse to rent to someone with a service dog?

Landlords can’t refuse to rent to someone who uses a service dog. The federal Fair Housing Act requires that landlords make “reasonable accommodations” for tenants with disabilities. … The owners, like all dog owners, are liable for any damage the dogs cause.

What happens if you have a pet in a no pet apartment?

If your lease has a no-pet clause and you get a pet, your landlord will have the legal right to ask you to remove the animal from the property. … To move during your lease, you’ll have to break the lease and pay hefty penalties, sublet your rental, or work out an arrangement with your landlord to end the agreement early.

Do you have to pay pet rent for ESA?

Service and assistance animals are not technically pets and owners do not have to pay pet fees. The landlord, however, can charge a security deposit and may still seek money from the tenant if there is any damage caused by the animal to the home.

Do landlords have to allow emotional support dogs?

California landlords must allow service dogs and support animals unless they threaten the safety or property of others. In California, tenants have the right to bring their service dogs and emotional support animals to live with them in many circumstances.

What can a landlord ask about an emotional support animal?

Landlords cannot question you about your disability. They cannot require that you provide medical information in relation to your ESA.

Does a service dog count as a pet?

Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

Can you ask for proof of emotional support animal?

Businesses are not required to let in emotional support animals under California law. … Therefore, the answer to this question is “false” – businesses are not allowed to ask for proof or certification for a service animal.

Why are emotional support animals bad?

“Emotional support animals” that bark, bite and make a mess on airplanes are creating access problems for trained service dogs that assist people who are blind or have mental and physical disabilities.

Are landlords required to accept emotional support animals?

Under Fair Housing, a landlord cannot refuse a prospective tenant based solely on disability and must make reasonable accommodations for individuals with disabilities. … For example, allowing an emotional support dog on the premises even if you have a no-pets policy does not place a hardship on the landlord.

Is it illegal for landlords to say no pets?

Yes. In Alberta, landlords can decide whether or not to allow pets in their rental properties. If a landlord does not allow pets or the building has a no pets policy, then pets are not allowed in the property.