What Landlords Must Provide (and What They Don’t)
For landlords and housing providers in Missouri, understanding their responsibilities concerning Emotional Support Animals (ESAs) is vital for compliance with federal fair housing laws. The Fair Housing Act (FHA) mandates specific “reasonable accommodations” for individuals with disabilities who require an ESA. While these accommodations are legally binding, it’s equally important to clarify what landlords are not required to provide, helping to set clear expectations for both parties in the Show-Me State.
Core Obligation: Waiving “No-Pet” Policies
The most fundamental accommodation a Missouri landlord must provide is waiving their “no-pet” policy for a legitimate ESA. Since an ESA is considered an assistance animal, not a pet, its presence is a necessary part of the tenant’s disability management. This means traditional pet rules simply do not apply to a properly documented emotional support animal.
No Pet Fees, Deposits, or Extra Rent
Missouri landlords are strictly prohibited from charging any pet fees, pet deposits, or additional pet rent for an ESA. Because the animal is an accommodation for a disability, imposing such charges would constitute discrimination. The tenant’s standard security deposit, however, can still be used to cover any damages the ESA might cause beyond normal wear and tear, just as it would for damages caused by the tenant themselves.
Ignoring Breed, Size, and Weight Restrictions
For an ESA, a Missouri landlord cannot enforce typical breed, size, or weight restrictions that they might apply to regular pets. The FHA focuses on the animal’s function as an assistance animal, not its physical characteristics. Therefore, if a tenant has a legitimate need for an ESA that happens to be a breed or size normally prohibited, the landlord must make an exception, unless other valid denial reasons apply.
Providing “Reasonable” Access to Common Areas
Landlords in Missouri must allow the ESA to accompany the tenant in all areas of the dwelling and any common use areas available to all residents. This includes lobbies, laundry rooms, community rooms, and outdoor spaces that tenants typically use. The ESA should not be confined solely to the tenant’s individual unit unless there is a specific, documented direct threat that requires such a limitation.
What Landlords Are Not Required to Do: No Direct Care or Supervision
While landlords must accommodate the presence of an ESA, they are explicitly not required to provide care or supervision for the animal. This includes feeding, walking, grooming, or any other aspect of animal husbandry. The responsibility for the ESA’s well-being and care rests solely with the tenant.
No Special Training Requirements
Missouri landlords cannot demand that an ESA undergo any specific training, or request proof of such training. Unlike service animals, ESAs do not require specialized training to perform tasks; their therapeutic benefit comes from their presence. Landlords also cannot ask for the animal to demonstrate any “tricks” or perform its function.
No Specific Health Records Beyond Basic Compliance
Landlords generally cannot demand extensive health records for an ESA. They can, however, require that the animal comply with standard local and state animal control laws, such as vaccination requirements or licensing, just as they would for any other animal in the community. This is about general animal health and safety regulations, not intrusive medical inquiries related to the tenant’s disability.
No Tolerance for Uncontrolled or Threatening Behavior
While landlords must accommodate ESAs, they are not obligated to tolerate an animal that is out of control, not housebroken, or poses a direct threat to the health or safety of others that cannot be mitigated. If an ESA’s behavior becomes genuinely problematic and the tenant fails to control it, the landlord may have grounds to address the issue, potentially leading to the animal’s removal, but this must be based on the specific animal’s behavior and not on generalized fears.
No Alterations to Property for the Animal’s Benefit
Landlords in Missouri are not required to make physical alterations to the property specifically for the ESA’s benefit. For instance, they don’t have to install a dog door, build a ramp for an animal, or fence a yard. Reasonable accommodation applies to policies, practices, and procedures, not structural modifications for the animal’s comfort.
No Assumption of Financial Responsibility for Damages
While pet fees are waived, tenants remain financially responsible for any damage their ESA causes to the property beyond normal wear and tear. Landlords can deduct costs for such damages from the standard security deposit, just as they would for tenant-caused damage. This clarifies that while the animal is accommodated, its owner bears the responsibility for its actions.
