must have a disability that can be verified by a doctor. ESAs do not need specialized training nor do they need to be certified. According to the Fair Housing Act, all you need is a note from your doctor saying that you have a disability and need the ESA. Must my landlord allow my assistance animal? Generally, yes. The assistance animal is a "reasonable accommodation" under the Fair Housing Act (https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview) (FHA). Even if the landlord does not allow pets, the landlord may violate the FHA if they do not make an exception for an assistance animal. Note, though, that the landlord does not have to allow an animal if doing so would cost the landlord a lot of money or if the property needs to be altered. What is a reasonable accommodation request? A reasonable accommodation request is when a tenant with a disability asks the landlord to make an exception to the rules so that the tenant can use and enjoy the rental property just like everyone else. Requests can be verbal or written. There are no specific words that must be included in a request. A request for the assistance animal may include, for example: A request to have an assistance animal even though there is a no pets policy, A request to not have to pay a pet deposit or fee, or A request to remove any other rule as to an assistance animal. When can a landlord deny my assistance animal? According to the U.S. Department of Housing and Urban Development (https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals) (HUD), there are only two questions that a landlord should consider when a tenant asks to be allowed an assistance animal: 1. Does the tenant have a disability? 2. Does the animal perform tasks for the tenant or provide emotional support in a way that helps with the tenant’s symptoms? A "no" answer to either of the questions means that the landlord does not have to allow the assistance animal. If the answer is "yes" to both, then the Fair Housing Act
Made with FlippingBook - Online magazine maker