Can a landlord deny an ESA dog due to its breed? #28
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opened 7 months ago by RubachaSantal
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You may need to live with your emotional support animal. You wake up experiencing the same emotions you always do, and your beloved animal is there to keep you occupied and silently listen to your unspoken anxieties. If you live alone, this is unlikely to be a problem. You frequently clean up after your cherished pet and make sure they adhere to your house insurance policy (if your animal's breed requires it). You prefer to keep your pet in your bedroom and go for walks with it regularly.
It's common for landlords to have breed-specific policies that can make it challenging for some ESA dog owners to find a place to live. At realesaletter.com, we believe that everyone should have access to the benefits of emotional support animals, regardless of their breed. We provide ESA letters that meet the requirements of the Fair Housing Act, which means that landlords cannot deny you housing based on your ESA dog's breed.
However, having an ESA as a renter might come with its own set of issues. If you have an ESA letter, you may be required to provide it, and if you don't, you may be required to pay an additional cost.
Furthermore, if you share a room, there may be additional issues.
Many younger folks believe, especially if they have huge dogs or dogs of a specified breed, that landlords will discriminate against their animals. Many would also discuss whether the properties that chose to accept pets were of subpar quality in comparison to the landlord's pool of available listings, and how they were required to pay non-refundable animal fees and monthly pet rents.
Many residents stated that they want to stay longer in their rental flats than those without pets, owing to the difficulties of finding a location that will accept dogs. This challenge demonstrates how this circumstance affects the breeds of dogs that younger folks acquire, such as little canines that are believed to be more adaptable to apartment living.
The Fair Housing Act, which details the exact rules and laws that renters and inhabitants must follow, asserts that housing providers must not discriminate against assistance animals based on their breed, size, or weight. Additionally, it concurs with the ADA's rule that the prohibition of an animal should depend on the animal's actual conduct, not on assumptions and anxieties about the type of misconduct that might occur.
This also protects potential residents under the FHA, as people with disabilities must not be discriminated against due to their disabilities. ESA animals cannot be denied under the ADA or FHA but their owners should have an emotional support animal letter. Please note that while ESA certification is not needed by law, it might aid you in when it comes to your landlord recognizing your pet as an ESA.
Because service animals and ESAs are not recognized as just pets, landlords and homeowners associations are prohibited from charging tenants additional pet fees or deposits. However, a tenant may still be charged for animal-related damages to the residence. Additionally, tenants may be charged if the animal is unable to be removed from the premises due to misbehavior and/or damage.
If you are unable to reach an arrangement with your landlord and believe they are discriminating against you, you may seek assistance from your regional Fair Housing Authority. It is necessary to submit the discrimination lawsuit within one year of the period of a discriminatory act, however, it is preferred that it be filed immediately. Fair Housing would then conduct an investigation or refer the matter to another agency for investigation.
As the HUD is centered on people with disabilities, persons who believe their rights have been violated may pursue legal remedies such as compensation, policy changes, and anti-discrimination training. If you wish to file a complaint alleging discrimination, you can learn more about the investigation procedure on the HUD.gov website.
A landlord may reject your ESA under certain circumstances. The purpose of ESA protection is to safeguard an individual with an underlying psychological disability; the legislation is not intended to penalize the landlord. This is why some circumstances exist in which a landlord may reject an ESA.
ØTo begin, determine whether the animal is excessively huge for the available space. A horse or llama, for example, may be turned down for a modest studio apartment.
ØSecond, if the building contains four or fewer apartments and the landlord resides in one of the units.
ØThirdly, it is a solitary residence that was leased without the assistance of a broker and the proprietor owns fewer than three single-family residences.
ØFourth, if the pet in the apartment causes the landlord undue financial hardship.
ØFifth, if the animal in the building causes damage or injury to others.
ØIf your landlord refuses to grant you permission to keep an ESA, your first move should be to ask your landlord to inform you in writing of their current stance (refusal, rejection, etc.), as legally required. That is, an email or a letter, but not a text message.
You must first obtain an ESA letter from a licensed mental health professional, or LMHP, to be eligible for an ESA. The realesaletterfor housing informs your landlord that you require an emotional support animal due to your condition and that you meet the Fair Housing Act's requirements. Your landlord cannot decline your application or charge you a pet fee and deposit if you do have an ESA letter.
Then, it is proposed to notify your homeowner that you intend to submit a HUD complaint alleging open discrimination. We have discovered that an overwhelming number of landlords will comply with the law (although unwillingly) and accept your ESA instead of violating federal housing regulations and HUD-defined handicap rights. It is critical to advocate for yourself and your emotional support animal's right to reside with you. When confronted with the fear of prejudice, keep in mind that regulations are in place to safeguard you.
Useful resources:
What degree of depression must exist before an ESA dog is considered?
Can a landlord verify an emotional support animal letter?
Basic criteria and instruction for emotional support dogs
What to do if I cannot Afford an ESA?
can I get an ESA letter free online?