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SubRosa Mental Services, LLC

Life Coaching & Emotional Support Animals

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What is the Fair Housing Act?

March 29, 2022 by Shiloh Martin, LPC-S, CCMHC

Part 5 of 5

The Fair Housing Act applies to both emotional support animals and service animals. It was signed into law in 1968 and protects people from discrimination during housing-related activities such as renting when it comes to race, religion, or disability. The Fair Housing Act ensures that an individual with a mental illness or mental disability does not experience housing discrimination because of their need for an emotional support animal or service animal. Housing providers must instead provide reasonable accommodations for these individuals and are not allowed to charge the individual any type of fee, such as pet deposits.

Those with emotional support animals will need to present their landlord with an ESA housing letter to demonstrate their need for the animal’s support. This is why it’s essential to seek out a legitimate ESA letter, as only a legitimate ESA letter is recognized under law. Legitimate ESA letters must be signed and dated by a licensed mental health professional, must include the professional’s licensing information, and must be printed on the practitioner’s professional letterhead.

The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

Just like with the ADA, there are local government agencies and other federal departments that work to ensure fair and equal housing opportunity for all, such as The U.S. Department of Housing and Urban Development, which provides comprehensive resources on tenant rights, laws, and protections.

There are several lawsuits throughout the country, from California to New York; Philadelphia to Colorado.
Those found violating the Fair Housing Act Law are required to pay hefty fines as well.

Here is one that was $35,000 and another all the way up to $1 Million.

Find out more at Fair Housing Rights and Obligations.

To request an ESA or PSD evaluation or letter, please click the link.

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Links & Resources

  • American with Disabilities Act FAQ for Service Animals
  • Different Types of Psychiatric Service Dogs
  • Emotional Support Animals
  • What is the forensic evaluation I am doing?
  • Who Can and Cannot Do Forensic Evaluations for Emotional Support Animals and Psychiatric Service Dogs

Books

Written by Dr. Shiloh W. Martin, the book draws on his personal faith and professional expertise to provide guidance and encouragement for individuals struggling with mental health issues and their loved ones. The book explores various mental illnesses–such as depression, anxiety, and bipolar disorder–and uses scriptures to provide comfort, hope, and practical advice.

Click for details

The Anxiety Solution: Regaining Control and Finding Peace,” extends a helping hand to guide you through the labyrinth of anxiety toward a sanctuary of tranquility.

In this empathetic and insightful guide, you’ll discover practical and proven techniques to not only alleviate anxiety but to empower yourself with lasting peace.

Click for details

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Please Note: Shiloh Martin, PhD provides all forensic evaluations. He is a licensed mental health provider in Alaska, Arizona, Hawaii, Missouri, Oklahoma, South Carolina, Texas, and Georgia. Verification of licensure can be verified through each state's licensure board. Dr. Martin is a Nationally Board Certified Counselor registered WITH NBCC. #271022. NPI# 1255588901.

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