Archive for the ‘Federal’ Category
Emotional support animals (ESAs) are protected under the federal Fair Housing Act (FHA). The FHA, however, doesn’t contain any specific information on how tenants and landlords are supposed to handle ESA requests. That’s where the U.S. Department of Housing and Urban Development (HUD) comes in.
HUD publishes guidelines that address how ESAs are to be handled by housing providers under the FHA. The most recent guidelines were released in 2020, which updated rules from 2013.
HUD makes these rules so that both ESA owners and landlords have clarity on what they need to do if a tenant needs an emotional support animal. By following these rules, ESA owners can understand the steps they need to take, and landlords can avoid violating the Fair Housing Act. In this guide we’ll explain 10 important things to know about HUD’s latest housing rules for ESAs.
10 Key Points to Know About HUD’s ESA Housing Rules 1. ESAs are not considered petsLandlords cannot treat your ESA like a regular pet. This means no breed or weight restrictions apply. If your apartment policy or lease has a no-pet policy or bans large dogs, your ESA is still allowed as long as it is well-behaved and doesn’t pose a safety risk.
2. There are no pet fees or deposits for ESAsLandlords cannot charge extra rent, pet deposits, or other fees for your ESA. However, if your ESA damages property, landlords can deduct costs from your security deposit, as they would for any tenant.
3. You can request ESA accommodation at any timeYou can request ESA accommodation anytime, before or after getting your ESA. It’s a good idea to document the request for future reference. No special legal language is needed, but clearly asking for “reasonable accommodation” while submitting your ESA letter helps avoid confusion. Generally, it’s a good idea to let your landlord know before moving in with your ESA to give them a chance to approve or deny.
4. Landlords should respond to ESA requests within 10 daysHUD specifies that landlords should respond to ESA requests within 10 days of receiving the documentation. This prevents landlords from delaying decisions indefinitely, which can harm tenants.
5. You will need an ESA letterYou need an ESA letter from a licensed healthcare professional (LHCP) to prove that you need an emotional support animal. The LHCP must be licensed for your state. A valid ESA letter should include the LHCP’s letterhead, contact information, and signature, confirming your need for an ESA.
6. You can get an ESA letter onlineHUD allows ESA letters from healthcare professionals who provide services remotely. As long as the professional is licensed in your state and has evaluated you, telehealth ESA letters are valid.
7. No other forms are requiredLandlords cannot demand you fill out their forms, provide your medical history, or notarize documents. They must accept your ESA letter if it meets the HUD standards.
8. ESAs are not limited to cats and dogsDogs and cats are the most common ESAs, but HUD’s guidelines allow for other animals, such as birds, rabbits, hamsters, fish, and turtles.
9. You are responsible for damages as an ESA ownerAs an ESA owner, you must care for your animal and ensure it doesn’t cause harm or disturbance. If your ESA is aggressive or damages property, the landlord has the right to take action. For example, if your ESA scratches up the doors or disturbs neighbors with excessive barking, your landlord can ask you to manage the behavior or cover any repair costs.
10. Landlords must work with youIf your landlord has concerns about your ESA request, they must engage in a discussion (called an “interactive process”) with you. They should explain their concerns and work toward a solution before denying the request.
Are you in need of an ESA letter? Start your assessment online below.
The Fair Housing Act (FHA) is a federal law in the United States that prohibits discrimination against people who need a support animal for their physical or mental health. The FHA applies to landlords in all 50 states. Under the Fair Housing Act, if you need a service dog or an emotional support animal, your housing provider must let your animal live with you, even if they have a strict no-pets policy or no-pets lease provision.
The FHA was enacted in 1968 with the intent to stop discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. The FHA applies to service dogs and ESAs because their owners have physical or psychiatric disabilities. In this guide, we’ll explain how the Fair Housing Act protects your rights as an assistance animal owner.
Service Animals and Emotional Support Animals Under the FHAThe Fair Housing Act recognizes two types of assistance animals:
Service dogs:Dogs trained to perform specific tasks for people with qualifying disabilities. Emotional Support Animals (ESA):Animals that provide comfort and support to individuals with mental or emotional disabilities. No special training is required.Under the FHA, both service animals and ESAs are considered assistance animals and afforded the same protections and accommodations in housing. Only service dogs, however, are protected under the Americans with Disabilities Act, which gives them even greater public access rights than ESAs.
Fair Housing Rights for Assistance AnimalsThe FHA provides several important rights for individuals with disabilities who use assistance animals:
Allowance of Assistance AnimalsHousing providers must permit service animals and ESAs as a reasonable accommodation, even in “no pets” properties. Service dogs and ESAs are exempt even if your building has a strict no-pets rule, or your lease states no pets are allowed because they are not considered pets but assistance animals needed for physical and/or mental health support. No Additional Fees or DepositsLandlords cannot charge extra fees, deposits, or higher rent for assistance animals. The landlord also can’t charge an application fee for your animal. No Breed, Size, or Weight RestrictionsThe FHA overrides any breed, size, or weight limitations typically imposed on pets.If you want to qualify for these rights as a service dog owner, you need to be able to answer two questions verbally from your landlord: 1. Is your dog a service dog required for a disability? and 2. What work or task has your dog been trained to perform? No documentation is needed for service dogs, although accessories like service dog ID cards can be helpful. For more information on qualifying for a service dog, check out our guide on service dog requirements.
If you have an emotional support animal, you need to submit an ESA letter to your landlord. An ESA letter is a note signed by a licensed healthcare professional who believes you need an emotional support animal for your mental health.
Housing Providers Subject to the Fair Housing ActThe FHA applies to a wide range of housing providers, including:
Landlords and property managers Real estate companies Homeowners associations (HOAs) Co-Ops University Housing Housing Providers Exempt from the Fair Housing ActWhile the FHA’s reach is extensive, there are some limited exceptions:
Owner-occupied buildings with no more than four units Single-family houses sold or rented by the owner without a real estate agent Housing operated by religious organizations and private clubsIf your housing provider is in one of these categories, they do not have a legal obligation to allow for your service dog or emotional support animal.
How the Fair Housing Act is EnforcedThe FHA is enforced in several ways against landlords:
Administrative Complaints:Individuals can file complaints directly with the U.S. Department of Housing and Urban Development (HUD). HUD will then investigate the complaint and take legal action if necessary. DOJ Lawsuits:The Department of Justice may file lawsuits in cases of systemic discrimination. Private Lawsuits:Individuals who have experienced discrimination can file private lawsuits in federal or state court. These lawsuits can result in monetary damages and orders requiring housing providers to change discriminatory practices. Assistance animals are protected by the Fair Housing Act, and the law can be enforced. Examples of Violations of the Fair Housing ActLandlords that violate the Fair Housing Act can face legal action from the DOJ or HUD. In one case, a housing company faced a lawsuit for failing to provide reasonable accommodations for residents who required assistance animals. It was alleged that they imposed overly burdensome policies, including requiring residents to submit multiple forms, prohibiting certain breeds, and demanding medical records, which deterred individuals from requesting accommodations.
In another case, a tenant who needed an ESA for mental health purposes requested reasonable accommodation for a pit bull, a breed typically restricted by the housing provider. After the landlord denied the request, citing the dog’s breed, the tenant had to place the dog in a shelter, where it was later euthanized. The tenant filed a fair housing complaint, and the housing provider ultimately settled, agreeing to pay $35,000 in damages and implement policy changes.
In a recent federal lawsuit, a housing provider was alleged to have refused to allow a teenage boy with multiple disabilities to live with his emotional support dog. The boy’s mother claims that the housing provider’s actions violated the Fair Housing Act by denying reasonable accommodations. After the family was forced to separate from the dog, the boy’s mental health worsened. Eventually, after repeated requests, the dog was allowed to return, and HUD charged the housing provider with discrimination.
These cases demonstrate that failing to comply with Fair Housing obligations can have serious legal and financial consequences for landlords.
Dec 21
Service Dog Rights
Service dog owners have special rights under both federal and state laws. The Americans with Disabilities Act, commonly known as the “ADA,” is the primary federal law protecting owners of service dogs in all 50 states.
Under the ADA, service dog owners have the right to enter places normal pets can’t. Service dog owners have broad public access rights in places like stores, restaurants, schools, arenas, and movie theaters.
The ADA, however, is not the only law that protects service dog owners. Service dog owners can also board flights free of charge pursuant to the Air Carrier Access Act and the U.S. Department of Transportation guidelines.
Not only that, service dog owners can also live with their service dogs in buildings that ban pets. Under the Fair Housing Act and guidelines from the U.S. Department of Housing and Urban Development (HUD), landlords must reasonably accommodate service dog owners without any fees or deposits.
That means service dogs are allowed to live with their owners without charge, even if the building usually doesn’t allow animals of any kind.
Finally, most states also have laws that protect owners of service dog owners. These laws generally mirror federal service dog laws and provide an additional layer of protection for service dog owners.
2. What is the definition of a Service Dog?A service animal is a dog that has been trained to perform a job or task that assists with a person’s disability. Service dogs can be used by both people with physical and mental disabilities. A service dog used by someone with a mental health condition is called a psychiatric service dog.
For example, a service dog might pull a wheelchair for someone with a mobility disability or provide pressure therapy to calm a person with post-traumatic stress disorder.
Whatever the condition may be, it has to be severe enough to substantially limit a major life activity like working or sleeping.
Dogs are the only type of animal allowed to be a service animals under the ADA’s rules. Other types of animals like cats, birds, small reptiles, and rabbits can be emotional support animals which is a different type of assistance animal.
3. What different rights do service dogs, and emotional support animals have?Emotional support animals provide comfort to people with mental health disabilities like depression, severe anxiety, bipolar disorder, or PTSD. Unlike psychiatric service dogs, they do not require any specialized training. ESAs do their jobs just by being present around their owners to provide comfort during difficult times.
Psychiatric service dog owners do not need any special documentation to prove that they are a service dog owner (other than for flights as discussed below). ESAs, on the other hand, require a letter from a licensed healthcare professional like a doctor or therapist.
ESAs and service dogs have very different legal rights. ESAs primarily have rights for housing, meaning they are allowed to live in no-pet buildings free of charge. ESAs do not have the broader public access rights that service dogs have. That means ESAs cannot enter stores, restaurants, or airplanes.
4. Service dog public access rightsUnder the ADA’s rules, state and local governments and businesses that serve the public must allow service dogs to accompany their handlers in all areas of the facility where the public is allowed to go.
Places service dogs have access to include: Restaurants Grocery Stores Office or any place of work Beaches National Parks Coffee Shops Farmers Markets No-pet apartments Hotels Movie Theaters Rideshare and taxisA service dog’s owner to access public spaces is not absolute. A service dog owner can be asked to leave if their service dog creates an unsafe or unhealthy environment for others. For example, a service dog that is not under the handler’s control or acting aggressively can be asked to leave the premises. Service dogs are allowed to board flights free of charge. To fly with a service dog, the owner must complete and submit the DOT’s Service Animal Air Transportation Form to the airline prior to boarding the flight.
5. Service dog verificationThird parties and landlords can ask two questions, and only these two questions, to verify that someone has a service dog:
Is the dog a service animal required because of a disability? and What work or task has the dog been trained to perform?Staff members at a facility are not allowed to ask for details about a person’s disability, require medical documentation, require a special ID card or training documentation. Third parties cannot ask the dog to demonstrate the job or task that it was trained to do.
Service dog accessories like ID cards, registrations, and vests do not confer rights on their owners. However, they are frequently used by service dog owners to easily signal that their dog is a service animal. These items should only be used by service dog owners with fully trained service dogs. Some psychiatric service dog owners will obtain optional Psychiatric Service Dog Letters. PSD letters are documents signed by licensed healthcare professionals that opine on whether someone has an eligible mental health disability for the purposes of owning a psychiatric service dog.
6. What happens if you violate the rights of a service dog owner?People that violate the rights of a service dog handler can get into serious trouble and be subject to legal repercussions. The U.S. Department of Justice, HUD, and the Department of Transportation can take action against individuals that violate service dog rules.
For example, the following situations can lead to a lawsuit:
A store that improperly denies entry to a service dog. A café that asks inappropriate questions to a service dog owner, such as the nature of their disability. An airline that charges a passenger with a service dog a special fee. A landlord who refuses to allow a tenant to live with their service dog.Businesses and landlords have been sued when they have violated applicable disability laws that pertain to service dog owners. As a business, landlord, or other institution, it’s important to understand service dog rules to avoid potential fines and legal headaches.
TESTIMONIALS
My landlord use to bully me about my emotional support animal. Service Dog Certifications informed me about rules associated with emotional support animals. Now I live with my ESA, Biscuit, without any worry.
Service Dog Certifications promptly responded to all my questions and was extremely helpful during the whole process. Thanks for everything!
I have been able to travel with my service animal stress free after getting help from Service Dog Certifications.
I have a disability that is not “obvious”. The service dog ID card helps me show people that I need my service dog without having to explain my disability to them.
We can take our Buford everywhere we go without being harassed anymore. The identification cards help us resolve any issues before it becomes an issue. Thanks!!!
FREE SHIPPING
On orders over $75, to all 50 US States!
Use free shipping code FREESHIPPING75
