Can An Apartment Deny An Emotional Support Animal?

A landlord cannot deny an ESA simply because they do not allow pets.

No, your landlord cannot evict you because they do not want you to have an ESA.

This is in direct violation of Fair Housing regulations.

You are required to request reasonable accommodations for your ESA before bringing them into your apartment.

Can a landlord refuse a service dog based on breed?

A landlord is permitted to refuse accommodation for a service animal based on breed if allowing the animal would be unreasonable. For example, if your insurance carrier drops your coverage because of a restricted breed on the premises, you may be able to refuse the service dog.

Who qualifies for an emotional support animal?

How to Qualify for An Emotional Support Animal. If you have an emotional disability, you can legally qualify for an ESA, short for emotional support animal. You must be certified as emotionally disabled by a psychologist, therapist, psychiatrist or other duly-licensed and/or certified mental health professional.12 Nov 2015

Can a landlord deny an emotional support animal California?

A landlord or other housing provider may deny a request to keep a service dog, psychiatric service dog, or support animal in California as a reasonable accommodation if the specific animal: poses a direct threat to the health or safety of others, or. would cause substantial physical damage to the property of others.

Do I have to tell landlord about emotional support animal?

You may give your landlord your ESA letter before or after you sign the lease. You are not required to let your apartment management company know that you need or may need an emotional support animal. Remember, the manager, owner or landlord must make reasonable accommodation for you and your ESA under Federal Law.

Do you have to tell your landlord if you have a service dog?

Landlords cannot charge a service dog handler a monthly “pet fee” or a special “pet deposit”. They cannot discriminate against you due to your dog’s weight or breed. In addition, your landlord cannot ask you to disclose your disability or force your service dog to “perform” for them.4 Jan 2018

Can I get an emotional support animal for anxiety?

To legally make your pet an emotional support animal, a therapist must recommend an ESA for your mental illness. According to the NIMH, 1 in 5 Americans suffer from a mental illness – including anxiety. A licensed therapist must write you an ESA letter recommending an emotional support animal for your condition.

Can I get an emotional support dog for anxiety?

If you have a mental disability – such as depression, anxiety, or other psychological disorder – you may qualify for an emotional support animal. It is well documented that support animals provide a therapeutic benefit to their owners through comfort and companionship.

Can a physician write an ESA letter?

There are roughly 28,000 psychiatrists in the United States – any one of them can prescribe an ESA letter. Also, any other licensed mental health professional or physician can prescribe an emotional support animal letter.12 Jul 2018

Can landlord charge pet rent for emotional support animal?

Landlords may not prohibit a service animal or emotional support animal from living in the unit. Landlords may not charge the tenant extra “pet” rent or “pet” security deposit for a service or emotional support animal.

Can a landlord legally say no pets?

Generally the landlord cannot even enter the home without giving the tenant notice except in an emergency, unless the lease specifies otherwise. Even if your lease does not allow pets, you may have a legal right to keep your pet.

Where can I bring my emotional support dog?

Americans With Disabilities cites that emotional support dogs or animals do not have the training to do specific tasks in assisting a person with disability or impairment, unlike service animals. Hence, the pets may not be allowed to accompany their owner in public places ie. restaurants, stores, hotels.

How do I get my pet certified as an emotional support animal?

The only true way to certify your dog as an Emotional Support Dog is through a licensed mental health professional. You can connect with a mental health professional in real life or online through a website. To have a legitimate Support Animal, you must have an ESA letter from a licensed mental health professional.

Can you be evicted for having pets?

Whether dog, cat or otherwise, pets are family to most who have one. But can you get evicted for having a pet? The short answer is yes.4 Oct 2018

Can ESA dogs live in apartments?

Because of the Fair Housing Act, a person with a pet that is an emotional support animal is federally protected to live in homes, apartments, condos, etc. where pets are not allowed. A person and their ESA cannot be legally charged a deposit or other fee for their ESA pet.

Can a landlord ask for proof of service animal?

A landlord cannot require a pet deposit for a service animal. A landlord is permitted to require some sort of proof of disability as a condition of accommodation, and some sort of proof the animal in question is a trained service animal, though generally he cannot require certification per se.

Can you be denied housing because of a service dog?

Unlike an average pet, a service dog must be treated like a medication and disability, being denied either of those is not only discrimination, it is illegal. In fact, you are protected by the Fair Housing Amendment Act which means you cannot be denied a living place because you need something for a disability.11 Aug 2014

Do I have to disclose my service animal?

To protect your rights under the Fair Housing Act, you are not required to disclose the disability the service animal or emotional support animal is meant for. “They just need to know the person is disabled, not what the disability is, and that the animal is needed to address their disability.23 May 2018