What to Do If Your Oregon Landlord Is Discriminating Against Your ESA

While Emotional Support Animals (ESAs) provide invaluable support for individuals with disabilities, their legal protections are primarily enshrined in the federal Fair Housing Act (FHA). In Oregon, as in other states, this means landlords are generally required to make reasonable accommodations for ESAs, even in “no-pet” housing, without charging pet fees or deposits.

However, discrimination against ESA owners still occurs. If you believe your Oregon landlord is discriminating against you because of your ESA, here’s what you should do:

1. Understand Your Rights and the Landlord’s Limitations

Before taking action, ensure you understand the specifics of FHA protections for ESAs and what a landlord is legally allowed to ask or deny.

• Valid ESA Letter: You must have a legitimate ESA letter from a licensed mental health professional (LMHP) who is licensed in Oregon and has an established therapeutic relationship with you. This letter should state that you have a disability and that the ESA is necessary to alleviate symptoms of that disability.

• Reasonable Accommodation: The FHA requires “reasonable accommodations.” This means a landlord cannot deny your ESA unless it poses a “direct threat” to the health or safety of others, would cause “substantial physical damage” to the property (beyond ordinary wear and tear), or would create an “undue financial and administrative burden” on the landlord. These are high thresholds, not just a landlord’s preference.

• What a Landlord Cannot Do:

  • Charge pet fees, pet deposits, or pet rent.
  • Deny housing based solely on “no-pet” policies.
  • Impose breed, size, or weight restrictions that don’t apply to service animals.
  • Demand detailed medical records or ask about the nature of your disability.
  • Require your ESA to perform tasks or be “certified” or “registered.”

2. Communicate Clearly and in Writing

Often, discrimination stems from a lack of understanding. Your first step should be a clear, written communication with your landlord.

• Formal Request: If you haven’t already, submit a formal written request for a reasonable accommodation for your ESA. Include your valid ESA letter. Keep a copy for your records.

• Educate (Briefly): In your letter or a follow-up, you can politely reference the Fair Housing Act and its requirements regarding assistance animals. You might state that under federal law, your ESA is not considered a pet and therefore not subject to pet policies or fees.

• Document Everything: Keep a detailed log of all communications, including dates, times, names of people you spoke with, and a summary of what was discussed. Save copies of all letters, emails, and any other relevant documents.

3. Consider Mediation

If direct communication doesn’t resolve the issue, mediation can be a less adversarial step than formal complaints. A neutral third party can help facilitate a discussion and reach a mutually agreeable solution. Some fair housing organizations offer mediation services.

4. File a Formal Discrimination Complaint

If your landlord continues to discriminate after clear communication, you have the right to file a formal complaint. In Oregon, you have a few key options:

• Fair Housing Council of Oregon (FHCO): This is often the best first point of contact. The FHCO is a non-profit organization dedicated to ending housing discrimination. They offer free assistance, including information, advice, and a complaint process. They can help you understand your rights, assess your situation, and guide you through the complaint process.

  • Contact:
    • Hotline: 1-800-424-3247 ext. 2
    • Email: Information@fhco.org
    • Website: fhco.org

• Oregon Bureau of Labor and Industries (BOLI), Civil Rights Division: BOLI investigates housing discrimination complaints under Oregon state law.

  • Contact:
    • Phone: 971-673-0761 (staffed Mon-Fri, 8:00 AM – 5:00 PM)
    • Email: BOLI_help@boli.oregon.gov
    • Website: oregon.gov/boli/civil-rights/pages/housing-discrimination-complaint.aspx

• U.S. Department of Housing and Urban Development (HUD) – Office of Fair Housing and Equal Opportunity (FHEO): HUD is the federal agency responsible for enforcing the Fair Housing Act. You can file a complaint directly with them.

  • Contact:
    • Phone: 1-800-669-9777 (TTY: 1-800-877-8339)
    • Online: You can file a complaint through HUD’s website.
  • Process: HUD will investigate your complaint. They may attempt conciliation (voluntary resolution) between you and the landlord. If a resolution isn’t reached and discrimination is found, HUD can issue charges, leading to an administrative hearing or a federal lawsuit.

Important Notes for Filing a Complaint:

• Timelines: You generally have one year from the date of the last discriminatory act to file a complaint with HUD or BOLI. However, it’s always best to file as soon as possible.
• Detailed Information: Be prepared to provide as much detail as possible, including names, dates, specific discriminatory acts, and copies of all relevant documentation (lease agreements, ESA letter, communications with the landlord, etc.).

5. Seek Legal Counsel

If the situation is complex, or if you feel you need more direct legal representation, consider consulting an attorney specializing in housing law or disability rights.

• Oregon State Bar Lawyer Referral Service: This service can help you find a lawyer who practices housing discrimination law. They offer an initial consultation (up to 30 minutes) for a maximum fee of $35.
  • Contact:
    • Portland: 503-684-3763
    • Toll-free in Oregon: 1-800-452-7636
    • Website: osbar.org/public/legalinfo/1171_lrs.htm
• Legal Aid Services of Oregon / Oregon Law Center: These organizations provide free or low-cost legal assistance to qualifying low-income individuals. Housing issues are often a focus area.

Final Advice: Be Prepared, Persistent, and Polite

Dealing with discrimination can be emotionally taxing. Remain calm, professional, and persistent. Your rights are protected under federal law, and there are resources in Oregon to help you enforce them. By understanding your rights, documenting everything, and utilizing the available channels, you can effectively address discrimination against your Emotional Support Animal.