Emotional Support Animal requests are pretty common nowadays. But these requests make it harder for landlords to figure out exactly where their tenants’ rights end and landlord protections begin. It’s really confusing sometimes. Also, there are tenants with real emotional support, who also deserve fair treatment.
Fortunately, there are laws that make it easier for you to figure things out. What you have to do is know them and also understand them well enough when dealing with ESA accommodations in your rental home.
Overview of the Rise in ESA Requests in Rental Housing
The truth is, ESA requests are really common now because more people are mental health-conscious. Basically, more people seek emotional support accommodations for conditions like anxiety, depression, or PTSD. Unfortunately, there are times housing providers could encounter requests that require additional verification. This can also make you worry about your property, as well as whether you’re being fair to other tenants in your rental.
For instance, if you deny someone’s ESA request without giving it a proper review, you could be setting yourself up for a discrimination complaint. Thus, you need a system that’ll help you deal with ESA requests consistently. Luckily, Bay Property Management Group Baltimore County MD can assist in establishing fair processes that respect tenant needs without compromising property safety.
Understanding the Legal Foundation
FHA vs ADA
Before we dive into the FHA and the ADA, it’s essential for you to understand that housing laws are set up for landlords to maintain compliance in homes. The FHA and the ADA are mentioned quite often. But what’s the difference between them? For starters, the FHA stands for the Fair Housing Act, and the AHA stands for the Americans with Disabilities Act. The FHA mainly governs housing, and under it, landlords have to give reasonable accommodations for tenants with disabilities, including their Emotional Support Animals, too. It’s also important to note that ESAs aren’t seen as pets under FHA guidelines.
Now the ADA, however, deals with public spaces and service animals. Unlike ESAs, service animals are specifically trained to perform tasks for individuals with disabilities.
It’s important to know this difference, because some landlords mix up the standards from time to time. You can watch this video that discusses ESA rules and defines what landlords can and cannot do. Besides, you still have the right as a landlord to ask for reliable documents if the disability or need for the animal isn’t obvious.
No Fee Rule
There’s another issue landlords usually ask about, which is pet fees. This may come as a surprise to you, but since ESAs aren’t legally classified as pets under the FHA, you actually can’t charge pet rent, pet deposits, or additional pet fees for approved support animals.
This might be a bit uncomfortable for you because animals can still cause damage to your property every now and then. But the law separates assistance animals from ordinary pets. Because of this law, charging standard pet-related fees could create legal problems for you later on. However, if an ESA causes actual damage beyond normal wear and tear, you’re still in a position to ask them to pay for the damages. For example, if a dog destroys the doors of your rental, the tenant can still be financially responsible for those damages.
The Landlord’s Right to Verification
Tenants have legal protections, but as a landlord, you have rights as well. You’re allowed to verify ESA requests in many situations. Basically, you don’t have to blindly accept every request that pops into your inbox. If the disability or need for the animal isn’t obvious, you have the right to ask them for supporting documentation from a licensed healthcare professional. That said, you shouldn’t cross any privacy boundaries. You usually can’t demand a tenant’s complete medical records or detailed diagnoses. What you can focus on is whether the tenant has a qualifying need for the accommodation.
For instance, you can ask for a short letter from a therapist confirming that the tenant will benefit from having the support animal stay with them. In the same vein, timing’s another factor you could brush over. If you delay responding to your tenants for long periods, that can become a problem on its own. Even if you eventually approve their request, poor handling can bring up legal frustrations for tenants.
Conclusion
In conclusion, dealing with tenants who have ESA accommodations isn’t as simple as saying yes or no immediately. Sometimes, housing laws protect tenants who actually have emotional support needs. Regardless, as a landlord, you’re still in charge of managing your property. You have to find a good way to protect and respect your tenants, while also ensuring that you have a good grasp of what’s going on.
