What can a landlord ask about an emotional support animal?
When it comes to renting a property, many individuals with disabilities rely on emotional support animals (ESAs) to help them cope with their conditions. Landlords often have concerns about allowing ESAs on their premises, and it’s important to understand what they can legally ask about these animals. This article will explore the questions a landlord can and cannot ask regarding an emotional support animal, ensuring both parties are informed and compliant with the law.
In the United States, the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) provide guidelines for landlords regarding emotional support animals. According to these laws, landlords cannot refuse to rent to a tenant solely because they have an ESA. However, they may have certain legitimate concerns and may ask specific questions to ensure the well-being of all residents.
1. Documentation of the disability and the need for an ESA
One of the first things a landlord can ask is for documentation that verifies the tenant’s disability and the necessity of the emotional support animal. This documentation can be a letter from a licensed healthcare professional, such as a doctor or therapist, stating that the tenant has a disability and that the ESA is necessary for their well-being. The letter should also include the professional’s credentials and contact information.
2. Type of animal and its training
A landlord may inquire about the type of animal the tenant plans to have as an ESA. While the law does not specify what type of animal can be considered an ESA, it is generally understood that it can be any species. Additionally, the landlord can ask if the animal has been trained or is in the process of being trained to provide assistance or emotional support to the tenant.
3. Behavior and potential risks
It is reasonable for a landlord to inquire about the behavior of the ESA and whether it poses any risks to other residents or the property. While ESAs are not considered pets and are not subject to the same rules and regulations, a landlord can request information about the animal’s behavior, such as whether it is house-trained and has a history of being aggressive or disruptive.
4. Insurance and liability
Another concern for landlords is the potential liability associated with allowing an ESA on the property. They can ask if the tenant has liability insurance to cover any damages caused by the ESA. Additionally, landlords may request that the tenant sign a liability waiver, acknowledging that they are responsible for any harm the ESA may cause to others.
5. Restrictions and limitations
Landlords may have certain restrictions or limitations on the number of ESAs allowed on the property or specific areas where the animals are permitted. They can discuss these restrictions with the tenant and include them in the lease agreement. However, these restrictions must be reasonable and not discriminate against individuals with disabilities.
In conclusion, while landlords have certain questions they can ask about an emotional support animal, they must ensure that their inquiries are reasonable and not discriminatory. By adhering to the guidelines provided by the FHA and ADA, landlords can create a safe and inclusive environment for all residents, including those with disabilities and their ESAs.
