When screening new tenants, landlords can legally perform criminal background checks, run credit reports, and even talk to the applicants’ former landlords. But when it comes to accepting tenants who have emotional support animals, a landlord’s rights are not so clear. Even properties that have a “no pets” policy must make exceptions for prescribed emotional support animals. Failure to do so could have expensive legal implications.
Emotional support animals (ESAs) help treat depression, anxiety, and other mental health conditions, which the National Alliance for Mental Health says affect more than 60 million Americans. Because animals tend to bring comfort and companionship to patients with emotional and psychiatric disabilities, mental health providers sometimes recommend emotional support animals as a therapy tool.
Qualifying species range from dogs and cats to birds and rabbits. Their only job is to provide unconditional love and support to their owners. This is different from a service animal that is trained to do a specific job, such as a seeing-eye dog who guides someone who is visually impaired.
A renter can not simply say their pet is providing emotional support. A licensed mental health professional must write a prescription for the animal. Landlords are within their rights to ask for proof of this certification.
Under Missouri and federal law, no landlord can turn away a tenant who has an emotional support animal – even if they manage a property that doesn’t allow pets. This applies to both current tenants who are prescribed an animal, and potential applicants. In fact, HUD’s Fair Housing Act states that landlords must make reasonable accommodations for any rental applicant with an assistance animal. They are not allowed to charge any extra fees or security deposits due to having an animal.
There are, however, some requirements for the animal. As long as the animal can fit inside the home, isn’t destructive to the property, doesn’t pose a threat to other tenants, and is legal in the state, it can’t be denied. And landlords do have a right to notify tenants up front that they will be fully responsible for the care of their animals, including:
A landlord does not have the right to ask tenants about their mental health, or for reasons why they have an emotional support animal. But they can—and should—ask for verification that the animal is not just a pet.
The only way to verify that ESA accommodations are necessary is to ask to see an ESA housing letter. This letter states that an emotional service animal has been medically prescribed. Landlords should check to make sure that it includes:
Landlords should always check that the LMHP who wrote the letter is currently licensed by the
Missouri Division of Professional Registration. If the license is expired or the provider is not found in the database, the letter could be fraudulent. Any applicant who presents a fake letter or attempts to receive ESA accommodations without documentation could face criminal charges. In 2020, Missouri's governor
signed a law that states that anyone who knowingly misrepresents an animal as an assistance animal for the purposes of receiving accommodations under the Fair Housing Act shall be guilty of a Class C misdemeanor for the first offense, and a Class B misdemeanor for each subsequent offense.
Reasonable accommodations allow the owner of an ESA an equal opportunity to use and enjoy the home just as they would if they did not have a disability. For instance, the tenant should have access to an outdoor space so they can walk the dog, and they shouldn’t have to pay extra rent just because they have a disability.
Because life with animals can be unpredictable, landlords need to be able to offer solutions to allow an ESA to stay on-premise. If a dog barks nonstop and disturbs other tenants, a landlord can suggest a bark collar. If a cat keeps darting out the apartment door and tripping other tenants, a landlord might suggest a leash. But landlords do not have to make exceptions for an animal that is dangerous or continues to be a nuisance after multiple attempts to accommodate it.
If a landlord denies reasonable accommodations to someone who has an official ESA housing letter, the tenant has the right to file a complaint with HUD within one year. If HUD finds a valid case and a judge determines discrimination has occurred, the landlord could be faced with:
These fines and penalties will have a profound effect on the bottom line. It is essential to understand that a simple pet policy written into the lease will not protect a landlord from litigation when it comes to emotional support animals.
Managing rental properties can be overwhelming, especially when it comes to approving tenants with emotional service animals. Without proper knowledge of state and federal housing laws, landlords could find themselves in costly lawsuits.
Part of a landlord’s job is to stay on top of, and comply with, current FHA laws. Being faced with renting to a tenant who has an emotional support animal is a situation that might not come up very often. But when it does, making sure an animal is a certified ESA and verifying the signatures of the mental health provider should all be routine parts of the background check.
These administrative tasks can be burdensome, but must not be ignored. For owners trying to handle it all themselves, it makes sense to hire a leasing and management company like
Select Leasing & Management. We can screen new tenants, verify background information, and know that our approval decision won’t result in hefty fines. If you’re ready to discuss how we can help,
contact us.
12851 Manchester Rd., Ste 110
St. Louis, MO, 63131
