Main TakeawaysLegal matters surrounding the Fair Housing Act and emotional support animals (ESA) directly impact landlords. If you don’t know the basics, you could run into legal trouble. That’s why today, we take you through some of the most common questions and answers below.
Main TakeawaysAs a Northern Virginia property management company, we know you must comply with the 3 main ESA laws. Here they are:
In terms of the Fair Housing Act and emotional support animals, the law forbids you from disability-based discrimination. In general, you cannot treat people differently throughout the housing process because of their disability. For example, if your multi-family property has multiple types of units, you cannot limit a person’s choice of them because of their disability.
Americans with Disabilities Act This Act requires all facilities operating in public areas to be accessible to people with disabilities. Furthermore, the facilities and those involved with them cannot discriminate against others based on disabilities.
If your business receives Federal funding, you must obey Section 504. Section 504 bans the discrimination of tenants, potential or otherwise, because of their disability. This holds true in all your services, programs, processes, and activities.
According to ESA laws, you cannot deny an ESA from staying on your property—with four exceptions:
Notably, you cannot base this judgment based on unfounded speculations, such as gut feelings you have. Furthermore, you can’t reject them based on their breed, size, or weight.
Instead, the animal must truly show themselves to be unsafe, through behavior like lunging at people or possessing unsafe traits.
If you cannot permit an ESA for the above reasons, you should work to provide an alternative reasonable accommodation that meets your tenants’ needs.
If your tenant has a disability and a disability-related need for their ESA, they are eligible to have one on your property.
This is because ESAs can impact a person’s ability to function and use their unit. These factors make the animals’ presence count as a reasonable accommodation.
For example, if a tenant has clinical depression, the ESA may provide emotional support necessary for their mental health. More relevantly for you, the ESA may help provide tenants with the energy needed to maintain their apartments and pay the rent.
Critically, when tenants ask you for ESA accommodations, ESA laws prohibit you from asking them what their disability is. In addition, you may not request their medical records.
What you can do is ask if the accommodation stems from a general disability-related need. Also, if the individual’s disability isn’t immediately noticeable and could pose an undue burden or fundamental alteration, you can request disability need verification. This should come from a reputable source, like a doctor’s note.
Unless you have a lawful reason for refusal, you could be penalized up to $75,000 for refusing an ESA. Sad to say, this is one of the most common reasons landlords get sued and severely fined.
Take a look at some popular questions landlords have about ESA laws. You can find the answers here:
Most commonly, animals that usually serve as domesticated pets can serve as emotional support animals. For example, cats and dogs are very frequent ESAs. People could technically choose less traditional animals as ESAs, however this isn’t common.
Can I Charge a Pet Fee or Security Deposit with ESAs?No, you cannot. As the Department of Housing confirmed, you are forbidden from charging fees simply because the ESA is on your property. After all, the ESA is not simply a pet, an added-on luxury. For whatever reason, they’re necessary for the tenant’s fundamental functioning in your property.
However, if the animal causes damage, you have the right to request the owner pay fees.
No, you do not. The emotional support animal’s owner is responsible for managing the animal’s behavior and health.
ESA laws regarding this vary state-by-state. So, there is no one answer. However, some states do not allow emotional service animals in certain areas, like communal dining rooms.
According to ESA laws, with a few exceptions, you must accept emotional support animals on your property. These are reasonable accommodations necessary for following the letter of the law.
Unfortunately, when it comes to laws such as the Fair Housing Act and emotional support animals, the finer details can be hard to interpret. If you get one single aspect of the law wrong or miss one little clause, you could land in legal disaster. If you want, you could risk it all. You could attempt to handle each law all by yourself. Otherwise, it’s better to secure your legal safety by bringing in actual professionals.
Trained property managers have the experience and expertise needed to apply the law properly in every aspect of the rental process. At BMG NOVA, we can handle reasonable accommodation requests, evictions, lease agreement enforcement, and countless other legal concerns. Contact us today to take this burden off your shoulders.
