What rights do landlords have over tenants with Emotional Support Animals (ESAs)?
The answer is yes, landlords have both rights and responsibilities regarding tenants with ESAs.
The law clearly states that landlords are not permitted to refuse to rent or sell housing to a person solely because they have a disability. Landlords are not allowed to apply different standards or conditions of registration to individuals with mental or physical disabilities.
Rent, sale price, or rental terms and conditions cannot differ from the conditions applied to non-disabled individuals.
Landlords have the right to verify ESA documentation. Tenants must provide documentation from a physician, psychiatrist, social worker, or other mental health professional demonstrating that their animal provides support that alleviates at least one of the identified symptoms or effects of an existing disability.
This does not mean that any animal that provides a benefit to a tenant must be accepted. The mental health professional must connect the tenant’s ownership of the animal to the alleviation of at least one symptom of the disability. Landlords are protected to the extent they can refuse animals that are aggressive or disruptive and still charge for damages and cleaning fees after an incident has occurred, not in advance.
Landlords absolutely have the right to verify ESA letters. This letter must be written on the mental health professional’s professional letterhead and must include their contact information, phone number, and email address. The letter will also include the therapist’s license number.
There are a number of ways that a landlord can verify an ESA letter. However, it’s important to note that you are not, for any reason, to contact the tenant’s therapist directly. Attempting to do so can be considered a violation of federal law, and the client may have grounds to report you or your business to the U.S. Department of Housing and Urban Development (HUD).
How can a person travel with an Emotional Support Animal?
A person is no longer allowed to bring their ESA in the main cabin of major airlines for domestic flights. On December 10, 2020, the U.S. Department of Transportation issued a new rule in the Federal Register. This rule sets out new guidelines for airlines concerning Emotional Support Animals. The Federal Register defines: “a service animal as a dog…that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”
However, the rule “allows airlines to recognize emotional support animals as pets, rather than service animals.” So, most domestic airlines in the US will now charge a fee to bring your pet into the main cabin and only allow dogs and cats. In many cases, there are also size restrictions for the pets allowed to safely travel with their owners. There are different rules for international travel and Canada, where you are still allowed to fly with your ESA free of charge. In conclusion, you may still be able to travel with your ESA for a fee when flying domestically in the US, but it is crucial to verify the information with each airline.
Which airlines allow Emotional Support Animals?
There are some private jets and some international flights that allow ESAs in the main cabin. Please check with these airlines and see what that will entail. Keep in mind that laws regarding ESAs and service animals can be different in other countries. For domestic flights in the US, most airlines will charge a fee each way for individuals traveling with their ESA.
What are the best care practices for Emotional Support Animals?
The best care practices for emotional support animals are listed below.
- Regular Veterinary Care: Schedule veterinarian visits for ESAs, especially if the pet owner frequently travels with them. Most airlines require up-to-date documentation regarding vaccinations and other treatments for dogs and cats.
- Proper Nutrition: Feeding ESAs a healthy and well-balanced diet (protein, minerals, vitamins, and carbohydrates) is extremely important to ensure a longer lifespan, fewer medical issues, and a happier pet overall. Keeping ESAs hydrated is also crucial.
- Exercise and Playtime: Make sure ESAs (especially dogs and cats) get plenty of exercise and playtime. If you have a dog, try to take them on frequent walks, teach them agility tricks. Provide appropriate toys for your pet to keep them entertained and busy.
- Training and Socialization: Training ESAs is fundamental to ensure they will assist you in social situations. ESAs are expected to be well-behaved and not cause issues, so a certain degree of basic training is necessary. Commands like “stay”, “come”, or “leave it” can be incredibly useful.
- Safe Environment: Providing a safe environment for your pet is paramount not only for their physical but also for their mental well-being. Make sure to remove any dangerous objects or materials around the house, anything that can be chewed on or injected by the pet.
- Routine and Consistency: Establishing a routine where the pet performs specific activities such as eating, going for a walk, etc. at similar times can help the animal feel safe and happy.
- Mental Stimulation: Engage ESAs with mental stimulation such as teaching them a variety of commands.
- Quality Time: Make sure to dedicate specific time for your ESA, which includes not leaving them alone for extended periods, which can negatively impact the pet’s mental health.
What are the ethical considerations of owning an ESA?
Before attempting to have your pet designated as an ESA, there are several ethical considerations individuals should consider.
Consider Actual Need: Does the person attempting to have their pet recognized as an ESA actually need an emotional support animal to mitigate the condition that they are experiencing? If there is no genuine need to rely on an ESA as part of someone’s treatment care plan, pet owners should not attempt to have their animals prescribed as ESAs for monetary gain.
One should also consider Animal Welfare meaning individuals should think whether they have the capacity to care and provide for the pet, including an ESA, adequately and fairly. For example, they should consider space issues and the availability of nearby green areas to allow the animal, especially indoor pets time outdoors.
Respect for Others. Individuals should consider whether they have the ability to train and control their animals properly so that they do not cause a nuisance or danger to others. This is particularly true for ESA owners living in apartment buildings, where they need to be able to limit noise and any potential aggressive behavior.
Honesty in Documentation. Pet owners should go through the proper and legal channels to have their pets designated as ESAs. This means that one should not attempt to claim their pet is an ESA without consulting a licensed professional and having their animal prescribed as an ESA and obtaining a legitimate ESA letter. Beware of online scams, these websites are fraudulent and you can be fined for not having the proper documentation.
Responsible Ownership. Pet owners should not abuse or misuse ESA ownership as their actions and attitudes may lead to or exacerbate existing skepticism surrounding ESAs, thus making it harder for those with legitimate needs to be taken seriously.
What are the common misconceptions about ESAs?
The most common misconception when it comes to ESAs is thinking they are the same as service animals, and therefore, fall under the same laws. ESAs are not service animals, therefore they: do not have the right to enter public places like service animals do; are not allowed to fly free of charge in the main cabin on US domestic flights; require documentation identifying them as an ESA after being evaluated by a licensed professional as not just any animal under any circumstance can be classified as an ESA.
What are the challenges that ESA owners face?
Some major challenges that ESA owners face relate to misconceptions surrounding ESA ownership. ESAs are primarily protected under the Fair Housing Act (FHA), allowing them in housing with “no pets” policies or pet rent and fees. However, landlords are often skeptical and may outright refuse ESA requests, either because they don’t understand their legal obligations or simply don’t want the hassle of having animals on the property. Although ESAs don’t require specific training, they are expected to behave appropriately and clients must still clean up after them and be responsible for any damages. This highlights the need for better education and clearer guidelines to support both ESA owners and landlords.
