Renting out property comes with a variety of responsibilities, and one that many landlords are encountering more frequently is accommodating tenants with Emotional Support Animals (ESAs). While it's important to understand the legal obligations surrounding ESAs, it’s also key to recognize how they differ from service animals and pets. In this post, we'll explore what ESAs are, the laws that protect them, and how we at Candlewood Property Management, LLC navigate these responsibilities.
What Are Emotional Support Animals?
Emotional Support Animals (ESAs) are animals that provide therapeutic benefits to individuals suffering from emotional or psychological conditions such as anxiety, depression, or PTSD. Unlike service animals, ESAs do not require any specific training. Their main purpose is to offer comfort and companionship, which helps to ease the effects of mental health challenges.
While the most common ESAs are dogs and cats, almost any domesticated animal can qualify as an ESA as long as a licensed mental health professional confirms that the animal is necessary for the tenant's emotional well-being. A tenant must provide a letter from this professional to verify the need for an ESA.
Laws Protecting Emotional Support Animals
The Fair Housing Act (FHA) is the primary law that governs the rights of tenants with ESAs in rental properties. Here’s what landlords need to know:
- The Fair Housing Act (FHA): Under the FHA, landlords must make reasonable accommodations for tenants with disabilities, which includes allowing ESAs in properties where pets may otherwise not be permitted. It’s illegal to discriminate against a tenant based on their need for an ESA, and breed or size restrictions cannot be imposed on ESAs like they can on regular pets.
- The Americans with Disabilities Act (ADA): Although the ADA offers protection for service animals in public spaces, it does not cover ESAs in housing situations. This means that ESAs fall under the FHA’s protection rather than the ADA when it comes to rental properties.
How Candlewood Property Management, LLC Handles ESA Requests
At Candlewood, we take our responsibilities under the FHA seriously. We have a structured process in place to evaluate each ESA request to ensure we balance tenant rights with the needs of property owners.
- Documentation Review: We require tenants to submit valid documentation from a licensed mental health professional confirming the need for an ESA. This ensures that all requests are legitimate and that property owners are not at risk of legal issues.
- Regular Legal Updates: The team at Candlewood stays informed about the latest changes in laws related to ESAs. By attending legal seminars and consulting with landlord-tenant law experts, we ensure that we’re up-to-date and in full compliance with the latest regulations.
This careful approach ensures that we protect the interests of both tenants and property owners, maintaining a positive rental experience for all involved.
What Landlords CAN Do
Landlords are allowed to make specific requests when a tenant applies for ESA accommodation. Here’s what you can do legally:
- Request Documentation: Landlords can ask for a letter from a licensed professional confirming that the ESA is required for the tenant’s well-being.
- Enforce Property Guidelines: While ESAs must be allowed, you can still enforce reasonable guidelines, such as requiring that the tenant keeps the property and common areas clean and ensuring that the animal does not pose a safety risk.
Conclusion
Understanding what an Emotional Support Animal is and the laws that protect them is key for landlords who want to avoid legal troubles and maintain positive relationships with their tenants. With the right processes in place, at Candlewood Property Management, LLC we ensure that we accommodate legitimate ESA requests while protecting their property and adhering to legal standards.
