Step by Step Guide to Take for Fair Housing
Receiving a denial for your Emotional Support Animal (ESA) accommodation request in Missouri housing can be distressing, especially when you have a legitimate ESA letter. However, it’s crucial to remember that protections exist under the federal Fair Housing Act (FHA). Knowing the steps to take if your ESA request is unlawfully denied can empower you to secure your housing rights in the Show-Me State.
1. Get the Denial in Writing and Understand the Reason
If your Missouri landlord denies your ESA request, politely but firmly ask for the denial in writing, along with the specific reasons for the denial. A written record is essential for any future action. Understanding their stated reasons will help you determine if the denial is valid under the FHA or if it constitutes unlawful discrimination. Landlords generally have limited, specific reasons for denial (e.g., direct threat, undue burden, invalid documentation).
2. Review Your ESA Letter and Documentation
Carefully examine your ESA letter. Ensure it is current (most are valid for 12 months), on the Licensed Mental Health Professional’s (LMHP) official letterhead, includes their license number and state of licensure (Missouri), and clearly states that you have a disability and that the ESA is necessary to mitigate symptoms of that disability. If there are any deficiencies, contact your LMHP (or the service like CertifyESA that connected you to them) to obtain a corrected or updated letter. An invalid letter is a legitimate reason for denial.
3. Address Any Legitimate Concerns Proactively
If your landlord cited a valid concern (e.g., specific behavioral issues of the animal, not just general fears about the breed), try to address it. For example, if they mention excessive barking, you could provide a plan for noise mitigation. If they mention potential damage, you might offer veterinary references or a plan for increased supervision. Document all attempts to resolve these concerns cooperatively. This demonstrates your good faith and responsibility.
4. Re-Communicate Your Rights Under the Fair Housing Act
Once you’ve ensured your documentation is solid and addressed any legitimate concerns, provide a written response to your landlord. Politely reiterate that your animal is an Emotional Support Animal, not a pet, and is protected under the Fair Housing Act. You can reference HUD guidance on assistance animals in housing. Many landlords are simply unaware of their full obligations, and an educational approach can often resolve the issue. Keep copies of all correspondence.
5. Consider Mediation or Direct Negotiation
Before escalating to formal complaints, sometimes direct negotiation or third-party mediation can be effective. If your landlord seems willing to learn or genuinely confused about the law, engaging in a good-faith “interactive process” (as HUD calls it) can lead to a resolution without further action.
6. File a Complaint with the U.S. Department of Housing and Urban Development (HUD)
If your Missouri landlord continues to deny your legitimate ESA request without a valid reason, or if they refuse to engage in a discussion, your primary recourse is to file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD). HUD is the federal agency responsible for enforcing the Fair Housing Act. You can file a complaint online through HUD’s website (HUD.gov), by mail, or by phone (1-800-669-9777).
7. Provide Comprehensive Documentation to HUD
When filing your HUD complaint, include all relevant documentation: your legitimate ESA letter, your written request to the landlord, the landlord’s written denial (and their stated reasons), and any correspondence (emails, texts, notes from calls with dates and times) detailing your attempts to resolve the issue. Be specific about dates, times, and what was said.
8. Explore State and Local Fair Housing Organizations
In addition to HUD, Missouri has fair housing organizations that can offer guidance and assistance. Organizations like the Metropolitan St. Louis Equal Opportunity Council or local human rights commissions can often provide free advice, mediation services, or help you understand state-specific nuances to fair housing law. The Missouri Commission on Human Rights may also be a relevant state agency for certain types of discrimination.
9. Consult with a Legal Professional
If the situation is complex, or if you’ve experienced significant distress or financial loss due to the denial, consulting with an attorney specializing in fair housing or disability law in Missouri is advisable. An attorney can review your case, send a formal demand letter on your behalf, and represent you if legal action becomes necessary.
10. Understand the Investigation Process and Be Patient
Once a complaint is filed with HUD, they will investigate the allegation. This process can take time, sometimes several months to a year, depending on the complexity of the case. Be prepared to provide additional information as requested and participate in any necessary interviews or conciliation efforts. Staying organized and patient throughout the process is key.
