When Can a Landlord Legally Reject an ESA?

As a landlord, it is important that all rules and regulations regarding your rental property are both clearly stated and followed by you and your tenants. These rules are in place to prevent things such as property damage, and it is important that there are proper repercussions for those who fail to follow these rules. 

However, there are certain cases where you will be required to adjust your rules in order to accommodate the law. One of these cases being when a tenant has an emotional support animal. Similar to service dogs, an emotional support animal provides a service to the tenant. While service dogs and emotional support animals have different protections and rules, it is required by law for landlords to make an exception in their rules for these animals. 

What is an emotional support animal? 

An emotional support animal is one that provides relief to their owner in the form of emotional care and companionship. These animals are not trained to deal with physical and mental impairment the way that service dogs are. 

Additionally, an emotional support animal does not need to be a dog or a cat. In fact, there is no specific breed or weight restriction, meaning that any animal can qualify as an emotional support animal. 

What is the difference between an emotional support animal and a service animal? 

The main difference between an emotional support animal and a service animal is that an emotional support animal is not trained to assist with any mental or physical disability. 

A service animal is legally viewed as “medical equipment” as they are trained to perform specific services for their owner. These animals are appointed by a licensed mental health professional and are trained to provide assistance to those with mental, physical, and/or emotional disabilities. 

Emotional support animals are only protected by the Fair Housing Act, which service animals are protected by both the Fair Housing Act as well as the Americans with Disability Act. This means that service animals are subject to fewer restrictions under federal law. 

How do tenants qualify for having an emotional support animal? 

In order for a tenant to qualify for an emotional support animal, the law states an emotional support animal letter must be signed by a licensed mental health professional. Typically, tenants with disorders such as a learning disability, anxiety, or depression will qualify for an emotional

support animal. While they may not be specially trained, they are still able to perform critical or life saving services for their owner. However, without a signed letter, landlords are not legally required to provide any reasonable accommodations for the tenant. 

When Can a Landlord Legally Reject an ESA?

It’s important to comply with laws surrounding ESAs. However, tenants aren’t able to claim that certain animals are ESAs, have an ESA if they don’t have the appropriate documentation, or let their ESAs damage your building. In most cases, landlords can legally reject ESAs under these circumstances: 

The ESA is Wild, Exotic, or Carrying Disease

While it is typically illegal to deny a tenant from having an emotional support dog, for example, there are a number of animals that can be denied. For example, if the animal is wild, exotic or disease carrying they do not qualify under emotional support guidelines. Additionally, if the animal poses a threat to the general public, a landlord can safely deny their tenant of their animal. 

Oftentimes, landlords may have pet policies that restrict their tenants from having specific dog breeds, such as pitbulls, or have a weight limit in place. However, these policies can not legally be applied to emotional support animals. This means that all domesticated dog and cat breeds qualify as an emotional support animal and cannot be denied by the landlord. 

The Tenant Doesn’t Have a Signed ESA Letter

The quickest, easiest way to deny a tenant of an emotional support animal is if they do not provide the proper documents. If the tenant is unable to provide a signed emotional support animal letter, it is within the landlord’s rights to deny their request. 

Additionally, if the tenant attempts to submit a fake emotional support animal letter, they can be denied as well. Unfortunately, it can be difficult to decipher whether or not a letter is fake. A landlord is limited in what they are allowed to ask about a disability or disorder, meaning it can be difficult to correctly judge whether a letter is fake or not. 

The Tenant’s Animal is Illegal in the State

If the animal in question is illegal in the state, it is within the rights of the landlord to deny the tenant’s request. In New York City, there are a number of animals that are illegal to have as pets, including any undomesticated dog or cat. 

The ESA is Destructive

If the animal has already been admitted onto the property, but has proven to be destructive to the property, the landlord has the right to kick them out. However, this can only be done after there is adequate proof that their destructive behavior is recurring and detrimental to the property.

The Animal is Too Large or Threatening

If the tenant is requesting to have a dangerous breed as an emotional support animal, the landlord may deny the request. Additionally, if the tenant, for example, is asking to have an emotional support cow, the landlord may also deny this request as the animal may be viewed as too large to comfortably house on the property. 

What Happens if a Landlord Doesn’t Comply With a Tenant’s ESA? 

If the tenant provides the landlord with a legitimate, signed emotional support animal letter and intends on having a legal animal, the landlord cannot legally deny their request. However, if the tenant has made their protections under the Fair Housing Act clear to the landlord and they still 

choose to deny the request anyway, the tenant has the right to file a lawsuit on the grounds of discrimination, which can be both costly and time consuming. 

The tenant may also file a formal complaint with the U.S. Department of Housing and Urban Development, which will go on the landlord’s record.

Uncertain About Your Tenant’s ESA Request? Contact Outerbridge Law

If your tenant has requested to bring an ESA into your building, you might be concerned about the implications for the rest of your building. Compliance is vital for landlords, but it’s also important to consider the potential for damage to your building. Additionally, allowing a tenant to keep an ESA could lead other tenants to request permission to keep an animal in your building. 

If you’re unsure how to approach a tenant’s request for an ESA from a legal standpoint, don’t worry; you don’t have to figure it out on your own! Contact Outerbridge Law today to discuss your situation.