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Most often the cases involve a landlord or condominium association who is refusing to allow a person’s dog or cat into a residence believing it is a pet. The landlord or HOA points to their “pet policy” which may have restrictions. What we know is that an emotional support animal (ESA) is not a pet. It is a tool to assist people suffering from a mental disability so that they too can enjoy their residence. When people struggle with anxiety or depression they might need extra help to achieve the same level enjoyment as someone without a disability. Medication, talk therapy and emotional support animals are ways to provide that opportunity. What the laws seek to protect is the tenant’s right to the freedom from serious interferences with their right to peacefully enjoy their tenancy.

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Most times we find that a landlord only learns about the law when they break it. We have had great success in educating them to the point where they do allow our client to have their ESA. There are many nuances as to what limitations landlords and management companies can place on the keeping of an ESA. Many will try to limit their access to community areas or restrict where they can relieve themselves. They will enforce what they are allowed to enforce even though it is not always lawful, which is why you should seek legal counsel if you feel bullied or deprived of your rights.

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When a tenant makes a request for what is known as a reasonable accommodation, there is very little discretion available to the landlord, management company, condo association or homeowners’ association. They are protected if the accommodation would create an undue financial or administrative burden for them. If the person shares the appropriate and credible proof of their need, a request cannot be denied based on the size or breed of the dog. However, if that particular dog has harmed or threatened harm to a resident, your right to have it as an ESA can be restricted.

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There are several laws that protect Americans with disabilities and several arenas through which their rights can be addressed. The Fair Housing Act and the Housing and Urban Development (HUD) regulations prohibit discrimination because of disability. Generally, someone seeking an adjustment (accommodation) to a pet policy must demonstrate a relationship between the disability and the companionship of the animal. A letter from your treating physician can achieve that. At Boston Dog Lawyers we do not accept letters from online providers who do not have an ongoing relationship with the person needing assistance.

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There is not specified or required training of an emotional support animal and a landlord cannot deny or delay a request to have an ESA based on this. Also it is unreasonable for a property manager or landlord to require a pet deposit or even a pet fee since you do not have a pet!

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Your right to have an ESA is mostly related to housing. It is possible that an employer could make a reasonable accommodation if you request to have the animal at your workplace under certain circumstances. A business or restaurant is not required under the law to accommodate your request to have your ESA with you.