You’ve probably heard of emotional support animals (ESAs), but you might not know that they aren’t just dogs and cats. An ESA can be a reptile, fish or even a rodent. In fact, almost any reasonable and qualifying pet can be an ESA.
Keep in mind: if a qualifying support animal is the reason you turn away a rental applicant, you could be charged with housing discrimination.
This article will give you a better sense of what you need to do to stay in compliance with emotional support animal laws. We’ll also cover service animals and end with some FAQs.
Key questions covered
- What are emotional support animals?
- Are there differences between support and service animals?
- Who qualifies for an ESA?
- What are the animal owner’s rights?
- What are your rights as a housing provider?
What are emotional support animals?
Emotional support animals exist primarily for the comfort of their owner. They don’t need to possess special traits or perform work. They simply make their human feel better. Many of these animals are trained to perform certain tasks, but again, it’s not required.
ESAs are not service animals
Some people think emotional support animals are the same as service animals. They’re not, and the distinction matters for legal purposes. Service animals are almost always dogs (as opposed to ESAs, which can be any qualifying pet), and they’re trained to perform work-related tasks that disabled individuals are unable to do themselves.
Such tasks include:
- Opening doors
- Barking when the phone rings
- Detecting a seizure before it happens
- Guiding those with visual impairments
- Performing other basic tasks (e.g., getting the newspaper)
Service animals can go virtually anywhere with their human, without restriction. Of course, it is illegal to disguise an emotional support animal as a service animal.
Who qualifies for an ESA?
It’s easy to define an emotional support animal, but it’s harder to explain who qualifies for one.
Emotional support animals perform critical services, even without special training. People with diagnosed disorders or disabilities may qualify for a support animal. These disorders include learning disabilities, anxiety, depression, intellectual disabilities, attention deficit disorder and motor skills disorders.
How does someone get an ESA?
A licensed mental health professional can legally approve an emotional support animal. That means a doctor, therapist, psychiatrist or psychologist can write an official letter of permission.
Patients are prescribed support animals as part of their treatment plan. For instance, a support animal that is prescribed to someone with depression must be part of that person’s treatment plan for depression. A patient does not necessarily qualify for a support pet just because they have depression. A health professional will make that call.
Common emotional support animal laws
Here are a few important laws on ESAs that rental housing providers should know.
- You must allow residents to bring emotional support animals into their unit, even if you have a no-pet policy.
- It’s illegal to charge a pet deposit fee for an ESA, but property damage caused by an ESA may be charged through a standard security deposit.
- Dog breed restrictions do not apply to those with support animals.
- Rental housing providers who deny an application due to the presence of a support animal can be sued for housing discrimination.
- ESA owners must still clean up after support pets, provide adequate care, etc.
- You may not ask tenants about specific disabilities or disorders. You are allowed to see the healthcare professional’s letter, but that’s about it as far as the law is concerned.
Can a specific animal ever be denied?
Wild, exotic or disease-carrying animals do not qualify under emotional support guidelines. Emotional support animals can be denied if there is good reason to believe the animal poses a threat to the general public.
Dog breeds like Rottweilers and pit bulls are sometimes restricted in pet policies. However, breed restrictions do not apply to emotional support dogs. Therefore, virtually all domesticated cat and dog breeds qualify.
Animals such as wolves and raccoons, which are not domesticated species, are considered dangerous and do not count as support pets.
Detecting support animal fraud
Faking ESA certification is a crime. Some rental housing providers worry they will fall victim to fake letters of certification. Unfortunately, this concern feeds into the idea that the “emotional support” title is just a way to get around the rules of the property.
This is tricky territory because the law is very clear on this subject. You may not ask specific questions about a tenant’s disability or disorder. You may feel like your hands are tied, which can make it hard to spot a fake. The best you can do is familiarize yourself with the laws around this issue.
Property managers have protected rights too
Always ask to see a health professional’s official letter. Once it is presented, you can research or contact the health professional to make sure the letter is legitimate.
Do not express any doubts to the applicant. Assume they are honest unless you can prove otherwise.
Tips for spotting fraudulent ESA applications:
- The qualified professional who allegedly signed the letter says they did not
- Dates on the signed letter appear to have been altered or crossed out
- Names are represented differently and/or contain spelling errors
- The letter refers to a different animal than what the applicant has shown
What to tell other tenants when you have a no-pet policy
Your other tenants might not think it’s fair that another renter gets to keep an animal on the premises. However, it’s not your fault if someone is upset about the law. Kindly explain your pet policy to them as best you can, but there’s no need to give in to any demands.
It also helps to make your pet policy easy to find online. This way, you can refer residents to the website after you’ve answered their questions. It’s a polite way to end the conversation and encourage the resident to review your policies.
One thing you should NEVER say
Never discuss another renter’s disability status. It’s always safe to say, “There is a resident here who is entitled to their animal.” No further explanation is required. In fact, saying more might land you in hot water with the law.
Is it better to have an open pet policy?
The easiest way to avoid violating most emotional support animal laws is to simply allow renters to have pets. Because service and support animals aren’t pets, an open pet policy can prevent many of these issues.
Pet restrictions exist to prevent property damage, but they don’t always work out the way property managers think. For instance, some property managers and owners think big dogs are more destructive than small dogs. They apply size and weight restrictions or only allow cats. The truth is that small dogs are also capable of scratching up flooring and walls, as well as other behaviors that can damage the property or upset the community.
In other cases, a resident may have a mixed breed or dog that weighs a few pounds more than the limit. Are they in violation of your policy if you learn the truth about the animal? Is it something you’re willing to take action against? If you don’t take action against all violations, you may be in a difficult legal position should you decide to take action later on.
If you allow a wide range of pets, you may not have to worry about collecting ESA paperwork, verifying it and dealing with complaints from residents who don’t think you’re being fair to them (even if you are). You can also charge pet deposits and additional rent per pet. Plus, you may be able to charge more for rent if you provide pet amenities such as wash stations, play areas, doggy daycare, etc.
Track service animals with property management software
Yardi Breeze and Yardi Breeze Premier make it easy to update your pet policy in your lease. You can also use the platform to set up and manage pet deposits, damages, pet-related maintenance, etc. When applying online, prospects can specify if a pet is a service animal, and if it has been spayed or neutered. This information is then shown in Breeze or Breeze Premier on the prospect screen. If needed, it can be entered there on the prospect’s behalf.
The following animal filters are built in:
- Type
- Weight
- Age
- Color
- Name
- Breed
- Gender
- Spayed or neutered
- Service animal
Keep track of the pets and support animals on your property with as much relevant detail as possible. That will help you provide a fair, safe environment for all your residents.
Do what’s best for your community & your office
In some cases, it’s impossible to allow pets on your property, or the decision may be out of your hands. Be transparent with your residents, explaining why you can’t allow pets. If you can’t allow them for insurance reasons, let your community know. When you provide specific reasons for your actions, you build trust with your renters (even if they don’t like the outcome).
The last thing you want is for your office staff to be distracted by complex ESA paperwork and follow-up. No one is in this line of work to be on calls with healthcare providers and lawyers all day long.
You may not be willing or able to make your property as pet friendly as some would like. Simply being open-minded and accommodating ESAs will make a big difference for you, your residents and your team.
Frequently asked questions
Can apartments deny emotional support animals?
Yes, but only if the resident or applicant in question does not supply sufficient proof of qualification. They will need a letter from a qualifying healthcare professional. The letter should indicate that the animal is tied to their condition. You are not entitled to specifics, but you are welcome to contact the healthcare provider to verify the contents of the letter.
What is an ESA dog?
An ESA dog is simply an emotional support animal that happens to be a dog. While many ESAs are dogs, cats and other animals may qualify. The ESA dog is there for the emotional comfort of the owner. It is a medical designation, and the animal is not considered a pet.
What is a service dog vs. emotional support dog?
Unlike a service animal, an emotional support animal requires no special training or skill. Service animals will have harnesses that spell out what they are. Support animals will not.
A service dog performs specific functions. It is specially trained and entitled to go wherever the owner goes, regardless of your pet policy. Service dogs are not there simply for the comfort of the owner. They may be essential to the owner’s day-to-day livelihood.
Are emotional support animals considered pets?
No. This is an important distinction. For legal purposes, you may not subject ESAs and service animals to your pet policy.
What are emotional support dog requirements?
The animal itself requires no certification to be an emotional support dog. The owner must provide proper documentation that they require an ESA for emotional support.
Are ESAs covered under the ADA?
No. Because emotional support animals have no special training, they are not recognized as service animals by the ADA.
What animals can be emotional support animals?
There is no set restriction on what counts as an ESA. However, the renter must be reasonable with their request. If the animal poses a reasonable risk to the safety and welfare of the community, you may be able to deny it. For instance, certain breeds of poisonous snakes may pose a safety risk. Animals that are illegal to own as pets, such as ferrets in California, are not eligible as emotional support animals.
Disclaimer
Please note that this article does not constitute or replace legal advice. We hope this information is helpful, and we encourage you to do your own research on the subject.
