Enacted in 1968, the FHA prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. Under this act, individuals with disabilities are entitled to reasonable accommodations in housing, which includes the right to live with assistance animals like ESAs.
The U.S. Department of Housing and Urban Development (HUD) clarifies that assistance animals encompass both service animals and ESAs. While service animals are trained to perform specific tasks, ESAs provide emotional support that alleviates symptoms of a persons disability.
It’s essential to differentiate between ESAs and regular pets. ESAs are prescribed by licensed mental health professionals to individuals with disabilities, providing emotional support that mitigates symptoms of the disability. In contrast, pets are animals kept for companionship without any prescribed therapeutic role.
Under the FHA, ESAs are not considered pets. Therefore, housing providers must make reasonable accommodations for them, even in properties with policies.
To live with an ESA in housing that restricts pets, tenants must request a reasonable accommodation. This involves submitting a formal request to the housing provider, stating the need for an ESA due to a disability. Supporting documentation from a licensed healthcare professional should verify that the individual has a disability as defined by the FHA and that the ESA provides emotional support that alleviates one or more identified symptoms or effects of the disability.
Housing providers cannot demand detailed medical records or inquire about the nature of the disability.
While the FHA provides robust protections, there are exceptions. If accommodating an ESA imposes significant financial or administrative burdens on the housing provider, the request may be denied. Similarly, if the presence of the ESA would fundamentally alter the nature of the housing provider’s operations, the accommodation can be refused. Additionally, if the ESA poses a direct threat to the health or safety of others or causes substantial physical damage to the property, the housing provider may deny the accommodation.
Housing providers cannot charge pet fees for ESAs, as they are not considered pets under the FHA. Additional security deposits specifically for the ESA are also prohibited. However, tenants are responsible for any damages caused by the ESA.
The FHA applies to most housing types, including apartments, condominiums, single-family homes when sold or rented by someone who owns more than three such homes, and public housing subsidized by federal, state, or local government.
Exemptions include owner-occupied buildings with four or fewer units, single-family homes sold or rented without the use of a broker, and housing operated by religious organizations or private clubs that limit occupancy to members.
Misrepresenting a pet as an ESA undermines the rights of individuals with legitimate needs. Consequences include legal penalties in some states and denial of accommodation requests by housing providers. It’s essential to approach ESA accommodations with honesty and integrity.
In a notable case, Meril Lesser, a Manhattan resident, was evicted due to her three emotional support parrots. Despite providing documentation from her psychiatrist, the housing cooperative proceeded with eviction. After legal proceedings, Lesser was awarded $750,000, highlighting the importance of housing providers adhering to FHA regulations.
To secure ESA housing rights, consult a licensed professional to discuss your mental health needs and the potential benefits of an ESA. Obtain a letter from your healthcare provider detailing your need for an ESA. Provide your housing provider with the necessary documentation and a formal accommodation request. Maintain open communication with your housing provider to address any concerns. Familiarize yourself with FHA protections and be prepared to advocate for your rights.
If you believe your rights under the FHA have been violated, you can file a complaint online at HUD’s website or call 1-800-669-9777. Additionally, you can reach out to your state’s fair housing agency for assistance. Timely action is crucial, as complaints must typically be filed within one year of the alleged discrimination.
Emotional Support Animals play a vital role in the lives of many individuals with disabilities. The Fair Housing Act ensures that these individuals can live with their ESAs without facing discrimination. By understanding your rights and responsibilities, you can navigate housing situations confidently and advocate for the accommodations you deserve.
