There are a variety of situations that may arise in the course of a tenant’s lease agreement where an emotional support animal (ESA) is required to be housed on the property. The landlord and tenant may both be under the impression that their ESA is required to be housed on the property and both parties may think that they have a binding agreement in place.
Landlords have been known to evict tenants for having emotional support animals without informing them of their rights or even attempting to work out a solution with them. For example, in one case a tenant was evicted from her apartment because she had an emotional support animal (ESA) and her lease stated that pets were prohibited.
However, there was no provision in the lease explicitly stating that it was illegal to have an ESA without having one’s own room designated for it. In another case, a landlord evicted his tenant for having an emotional support animal without notifying her that it was illegal to have an ESA on the property.
What’s the example of housing laws for the ESA Owners?
In the United States, Fair Housing Acts rules say housing developers and landlords may not discriminate if you are disabled – but if you have a service dog or other emotional support animal, and the owner has provided you with written documentation proving your eligibility for the ESA, you will be protected.
Even if a landlord has a rule against pets on the premises, they must provide reasonable accommodation and allow your service dog or emotional support animal in the home. ESA people are protected because they have aid for disabled people (and they must show why).
If the person who has the animal is disabled, and you provide a certified copy of the ESA (a letter to the owner from a psychiatrist) and the proper paperwork (a letter from a healthcare professional confirming that the animal was approved as an EAA) then you are covered by the Fair Housing Act.
What are the ESA Owner’s rights under the protecting law?
The Fair Housing Act provides tenants with the following rights: They must be able to communicate with the landlord when their animal is present and when that landlord can refuse to allow the tenant to stay in their property.
This law covers animals which are used as service animals, but not animals which may be a danger to others on the property. Landlords are responsible for offering tenants reasonably priced accommodation when they rent a house.
Emotional support animals owners should get special treatment in their housing if they have one. If the owner is moving into a house or is considering a rental, the landlord should allow pets. This applies to anyone with any type of emotional support animal.
KimKim is a talented author, who loves animals especially dogs. She engaged in writing books and articles relating to animals a decade ago. Kim resides in Chicago with her husband and son. The family is the proud owner of a dog and a parrot (Jack and Lily). Kim wanted more than these two pets, but her husband put his foot down... She often visits elementary schools to talk to the kids about what she learned about pets and how they could learn from them.
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