Portland Rental Homes

When an Emotional Support Animal is Part of the Rental Request

A white ESA dog lying in the green grass

Most people know the importance of service dogs specifically trained to provide practical, daily support for people with disabilities. What may be less understood is the emerging use of animals classified as an emotional support animal (ESA). As a landlord, it is perfectly legal to have a no-pets policy for your properties. However, you should be aware of some legal exceptions to this rule. 

What is an ESA?

Assistance animals are not pets. They are animals that work, assist, and provide therapeutic support for individuals with disabilities. Therefore, they can fall under the Fair Housing Act (FHA) requirements if they fit into one of two categories. 

An ESA can be any small, domesticated animal typically kept in the home. These animals help people with mental health challenges like anxiety, depression, or PTSD by offering comfort, companionship, and security. There are laws in place to protect these animals and help their owners lead barrier-free lives.

What Does the Law Say?

The FHA established equal protection for all and protects people who rely on ESAs from discrimination. This protection extends to properties with a no-pet policy. As a result, the FHA allows Individuals to request to keep an ESA as a reasonable accommodation. 

Reasonable vs. Unreasonable

A reasonable accommodation request for an ESA may include:

By contrast, a request to tear up the back outdoor space in order to plant grass for the dog is most likely unreasonable because it puts an undue financial burden on the landlord. 

Legal Questions

Most verified discrimination charges investigated by the U.S. Department of Housing and Urban Development (HUD) involves housing providers denying a reasonable accommodation to a person with a physical or mental disability. Therefore, knowing which questions to ask a new tenant and what information you may legally use to assess the FHA accommodations you are required to provide is imperative. You must determine if the animal in question is a trained service animal or a support animal.

What is a Service Animal?

The U.S. Department of Housing and Urban Development (HUD) recommends these two questions:

Grant the requested accommodation if:

This animal qualifies as a service animal.

If the answer to either question is “no” or “none,” the animal does not qualify as a service animal. But, it may qualify as a support animal. HUD offers guidance on this as well.

What is a Support Animal?

Under the FHA, a disability is a physical or mental impairment that substantially limits one or more major life activities. Impairments that form the basis of an accommodation request are often not observable. Housing providers are not entitled to know the specific diagnosis; however, they may request documentation from a licensed care provider.

Questions a landlord can ask when establishing the basis for accommodating a support animal:

Verify an ESA Letter Without Violating Federal Law:

While it may be tempting to contact the professional listed on the ESA letter you received, attempting to do so may be considered a violation of the law. Here are two things you can do to verify the letter’s veracity.

Exemptions From ESA Rentals.

There are a few situations where a landlord may be exempt from renting to a tenant with an ESA. They include, 

Get Help Sorting Out the Details

It is easy to get overwhelmed with the legal minutiae surrounding ESA requests. The team at Rent Portland Homes by Darla Andrew has the expertise to manage the details involved in communicating with your tenants and sorting through any ESA requests. Call or text Darla today at 503.515.3170 to learn how we provide the support you need to enjoy the rental process without any of the headaches.

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