According to the Fair Housing Act, an emotional support animal (ESA) can reside with its owner in residential housing, even where pets are not typically allowed. As long as the owner has a valid ESA letter from a licensed healthcare professional, an ESA is not considered a pet. Instead, the ESA is a necessary part of a person’s mental healthcare. If an ESA owner faces discrimination from their landlord and the situation can’t be resolved, it’s possible to file a complaint with the Department of Housing and Urban Development (HUD). Occasionally a landlord may turn away an ESA owner without breaking federal law. According to the Fair Housing Act, the landlord or housing provider must demonstrate one of the following:
- The ESA would pose an undue financial or administrative burden.
- The ESA would fundamentally change the nature of the housing.
- The ESA would be a direct threat to the health and safety of others despite other reasonable accommodations.
- The ESA would cause significant property damage despite other reasonable accommodations.
In short, owners of a legitimate ESA should be reasonably accommodated in “no-pets” housing, without pet fees or discrimination, unless the landlord can prove they have a valid exemption. In rare cases, landlords or housing providers may refuse to follow the Fair Housing Act and deny an ESA owner the right to housing. For example, they may insist on including a pet fee or charge an increase in the security deposit because of the animal. In these instances, ESA owners have the right to file a complaint. HUD has filed charges against many landlords for failing to fulfill their Fair Housing obligations when it comes to emotional support animals. A complaint with HUD should only be a last resort option if attempts to reach a settlement with the landlord have failed. If you think you’ve been denied reasonable accommodations regarding your ESA then you may want to file a complaint with HUD. Call a specialist at FHEO at 1-800-669-9777 or 1-800-877-8339.
