Did you know that 74% of pet owners believe their mental health improved after getting a pet? Pet therapy was developed in the 1960s, but the concept has been around for much longer.
Today, research shows that therapy animals can help people struggling with mental health disorders. Because of this, the Fair Housing Act protects people with disabilities who need emotional support animals.
When can a landlord legally reject an ESA, if at all? Keep reading to find out.
When Can a Landlord Legally Reject an ESA?
When can a landlord legally reject an ESA? There are some exemptions under Fair Housing regulations.
The biggest exemption under these guidelines is the right to reject an ESA if it would threaten other individuals' safety or health.
A housing provider would need actual proof that the pet is a danger. Landlords can't speculate that a pet is dangerous because of the breed or size of the animal.
Landlords can also deny a service animal if the animal has or likely will cause property damage. If an ESA letter is deficient, a landlord can deny the application because it's not signed by a healthcare professional.
Are All Landlords Subject to These Regulations?
Not all landlords have to follow Fair Housing regulations regarding ESAs. Smaller landlords that meet this criteria are exempt from the rules:
- Single-family homes sold or rented by the owner without the use of an agent
- Owner-occupied buildings with no more than four units
- Private clubs that limit occupancy to members
- Housing operated by religious organizations
Clarksville, TN landlords that fall under these categories can still accept emotional support animals, but they are not required to.
A full-service property management company can help you decide which route is best for your overall property success in this situation.
ESA Letters vs. ESA Registrations
As an owner of rental properties, you cannot require applicants or tenants to register their service animals.
The law does not require ESA registration. The Fair Housing Act only requires an ESA letter written on official letterhead and signed by a licensed mental health professional.
In addition, landlords don't have to accept registration, certificates, or ID cards as proof of ESA status. A service animal isn't required to wear special tags or vests by law.
If your property has a no-pet policy, you cannot deny someone because they need an emotional support animal. You also can't evict a tenant who needs an ESA.
These animals provide health benefits for people with mental illnesses. Denying ESAs is a direct violation of the Fair Housing Act.
Make Sense of the FHA With a Property Management Company
When can a landlord legally reject an ESA? A landlord is not required to accept an emotional support animal that is dangerous or will damage their property. They can deny ESAs if tenants don't have an accurate ESA letter.
If these Fair Housing laws are hard to wrap your head around, we get it. That's why PMI Clarksville requires property managers to understand Fair Housing and local laws in Clarksville, TN.
Our property management team has over 20 years of experience helping landlords like you with tenants with disabilities and more. Contact us today to learn about our services.
