Studies show that emotional support animals can cause dramatic mental health improvements. Do you have a tenant who's requesting a support animal? If so, you may be wondering whether or not you should allow it.
Landlords have to accept support animals, but why? What are they, and what are your responsibilities as a landlord? Read on to learn more.
What Are Support Animals?
Emotional support animals (otherwise known as ESAs) are typically dogs or cats (though they can be any animals) that provide comfort, companionship, and therapeutic benefits to people with mental health conditions.
ESAs are not trained to perform specific tasks. They are, however, "prescribed" by mental health professionals to alleviate the symptoms of mental health disorders. ESAs are recognized under the Fair Housing Act (FHA), and that means that people can request "reasonable accommodations" in housing without additional fees.
Are Support Animals Pets or Service Animals?
Many landlords consider ESAs pets, but this isn't the case at all. Emotional support animals are not considered pets. They're an accommodation for individuals with disabilities.
ESAs provide genuine therapeutic benefits to individuals with emotional or psychological conditions, and those conditions are just as real as medical conditions. For this reason, they're not simple pets.
However, ESAs aren't the same as service animals either. A service animal is an animal that has specific training to perform tasks that mitigate the effects of a person's disability. These tasks can include guiding, alerting, providing balance support, or even assisting with tasks.
Neither service animals nor ESAs need any documentation. You may not ask the tenant what disability they have if they have a support or service animal.
How to Handle Support Animals
As a landlord, you must allow support animals even if you choose not to allow pets in a rental property. There are a few exceptions.
You should be familiar with federal, state, and local fair housing laws. Make sure you're complying, and if you have any questions, consider talking to a lawyer or your property management company. It's also a good idea to communicate with your tenant to avoid any miscommunications.
Tenants don't have to mention ESAs on a tenant application, but many do. However, you can not reject them for that reason or you'll be engaging in discrimination. You also can't charge pet rent or a pet fee because the ESA is not a pet.
Exceptions include situations where the ESA poses a direct health threat, would cause substantial property damage, or if accommodating the animal results in undue financial burden.
Landlords may also reject ESAs if tenants fail to provide a letter from a mental health professional affirming the need for the ESA.
Landlords Must Accept Support Animals
It's true. Landlords, in most cases, need to accept support animals on their properties. Remember that a support animal is an accommodation for a condition, and the tenant benefits from the animal's presence.
Follow the law and keep your tenants happy.
Are you struggling to manage your property in Nashville, TN? At Green Tree Property Management, our team of property managers uses the newest technology to make managing your property a breeze.
Contact us or get a free rental analysis today.
