Accommodating tenants who have disabilities is one of our most important fair housing responsibilities when we’re renting out homes. As your property management partner, we’re serious about keeping you and your property compliant with all state and federal laws.
Especially fair housing laws.
While it’s easy to understand discrimination and accommodations, things can get a bit fuzzy when it comes to emotional support animals (ESAs). These animals are not the same as service animals. And, they’re definitely not pets.
What do you need to know when a tenant requests an ESA?
We’re talking about what the fair housing laws require, and how we recommend you treat these requests.
What Are Emotional Support Animals?
Let’s start with a simple definition of emotional support animals.
Well. The definition actually isn’t so simple.
Unlike service animals, which are trained to perform specific tasks for their owners who have disabilities, emotional support animals provide therapeutic benefits simply through companionship and presence. Most emotional support animals are not required to have specialized training or documented certifications. However, an emotional support animal does need to be prescribed by a licensed mental health professional or other medical practitioner. You are within your rights to ask for that documentation when a tenant makes a request for a support animal.
Common Landlord Concerns Around ESAs
Dealing with emotional support animals can raise several concerns for landlords, particularly around property damage, noise, and potential liability. We know that a lot of property owners often worry that allowing ESAs might lead to increased wear and tear on their property. This is why they collect pet fees and pet rent when a tenant moves in with a pet.
While it’s true that pets can sometimes cause damage to furniture, flooring, or other fixtures, you have to remember that ESAs are not considered pets in the eyes of the law. They are, instead, considered accommodations. You might have noise complaints or general complaints from neighbors about another tenant’s ESA. There’s also the matter of liability. What if a tenant’s support animal causes harm to other tenants or visitors?
Understanding these concerns and having a clear, legally compliant policy in place can help you to limit these risks and ensure smooth, fair interactions with tenants who have or request emotional support animals. You cannot do much to restrict them. However, you can have some guidelines in place and hold tenants accountable for the behavior and any damage that’s caused by their support animal.
Fair Housing Laws and Emotional Support Animal Requests
As most rental property owners know, the Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities. That includes those who require an ESA. According to the FHA, landlords must provide reasonable accommodations for tenants with ESAs, even if the property typically has a no-pets policy. So, when a request comes in, either from a tenant who is applying to rent your property or from a tenant who currently lives at your property, remember these key points.
- Documentation Can Be Required
While you cannot ask for proof that a tenant needs a service animal (they are almost always easily identified), you can ask for documentation for an ESA. Tenants and applicants can be asked to provide paperwork from a licensed mental health professional or other medical doctor that states the need for an ESA.
- You Cannot Charge Pet Fees or Pet Rent
Georgia landlords cannot charge additional pet fees or deposits for ESAs. You cannot deny a specific type of ESA. Sometimes, they will be dogs or cats but they might also be reptiles or birds or rabbits. Your commitment to making reasonable accommodations in accordance with the FHA and the Americans with Disabilities Act (ADA) means that you must allow the ESA unless it poses a direct threat to others or would cause significant property damage.
Steps for Making Your Atlanta Rental Property ESA-Friendly
Familiarize yourself with the FHA, the ADA, and any locally specific regulations related to ESAs in Atlanta rental properties or homes in the surrounding metro area. This knowledge will help you make informed decisions and avoid legal pitfalls. In Atlanta and in Georgia, fair housing laws and anti-discrimination laws generally follow the federal guidelines already in place.
Don’t be afraid to request the documentation. Require tenants to provide a letter from a licensed health professional that outlines the need for an ESA. Ensure the letter is current and verifies the tenant’s requirement for the animal.
Update your leasing agreements to reflect your compliance with ESA regulations, if necessary. You want to make sure you’re clearly stating that while pets may be restricted, ESAs are allowed with appropriate documentation.
Communication is always important with tenant relationships. Create an open line of communication with tenants who have or request support animals. Encourage them to inform you of their needs and concerns regarding ESAs, fostering a supportive and compliant rental community.
Potential Challenges and How to Address Them
We talked about the fears that most rental property owners have around ESAs, and that’s one of the reasons that good property management can be so invaluable. We understand the threat of damage and liability when we talk about animals. With pets, it’s easier to mitigate those risks because at least we can collect a pet fee or a pet deposit or a pet fee. While you cannot charge pet fees for ESAs, we can help you hold tenants responsible for any property damage caused by their animal. Make sure this is clearly stated in your lease agreement.
We recommend sensitivity not only with the tenant requesting the animal, but also to any other tenants who may be in a shared building. If someone in a duplex has allergies or phobias related to animals, it’s going to take some work to find a reasonable accommodation.
Navigating the complexities of fair housing laws and emotional support animals can be challenging, but it is essential for property owners in a market that has a growing demand for ESAs. You want to keep yourself in compliance without being taken advantage of by tenants who are trying to avoid paying pet fees or pet rent.
Let’s talk about this in more depth. Contact our team at Silas Frazier Realty. We serve rental property owners in Atlanta, Snellville, Stone Mountain, Lilburn, Conyers, Smyrna, Marietta, Lithonia, Jonesboro, McDonough, Vinings, Brookhaven, and Tucker.
