“Dogs have masters, cats have staff” ~ Unknown
Definition: Pet owned by someone who is disabled and in need of emotional support, which is supported by his/her medical provider.
Legal Classification: Emotional Support Animal – pet with rights.
Requirements to qualify: Federal laws protect your right to have a companion animal if you have a disability and need the animal for assistance or emotional support, if you live in federally assisted housing for the elderly or handicapped, or if you live in public housing.
Several laws protect the right of people with disabilities to have emotional support animals, even when the landlord has a “no pets” policy. Those laws include:
- The Fair Housing Amendments Act of 1988
- Section 504 of the Rehabilitation Act of 1973
- The Americans with Disabilities Act, Title II
www.ddal.org/pubs/bestfriends: One of the best resources around for Emotional Support Animals (ESA) is from the Doris Day Animal League, titled Best Friends for Life. This booklet explains the federal laws that protect your right to keep pets in all federally-assisted housing, and if you are disabled, your right to an assistive animal in all types of rental housing.
If your household already includes animals:
DO NOT move into “no pet” housing with your animals and expect to immediately overcome the rule or convince your landlord to waive the rule.
DO NOT think you will get away with concealing your pets from your landlord or homeowners’ association.
When you are caught, if you cannot quickly relocate to housing that permits pets or find your animals new homes, you may be forced to surrender them. You also may incur costly fines and legal bills, not to mention worry and hassle. – excerpted from Best Friends for Life: Humane Housing for Animals and People, available for free at http://www.ddal.org/pubs/bestfriends/
http://www.servicedogcentral.org/content/node/305 – I’m a landlord. What are my rights concerning emotional support animals? This page gives us a look at ESA’s from a Landlord’s perspective.
Training: Good manners and non-disruptive to other tenants. Of course, you must always pick up after your animal.
Brief Overview of Housing and Companion Animals (aka Emotional Support Animals)
“Persons with disabilities have an equal right to housing as those without disabilities. It is illegal for a landlord to deny housing to a person because that person, or someone associated with that person, has a mental or physical disability.
Medical professionals have long recognized that animals can assist persons with physical disabilities, such as assisting blind or deaf persons. Recently, medical professionals have discovered the profound effects that animals can provide for persons with mental disabilities. Unfortunately, if a person rents housing, landlords are given the right to restrict a tenant’s ability to keep an animal in his or her rental unit.
However, federal laws allow persons with certain special needs, such as the mentally disabled, to keep an animal in a rental unit despite a “no pets” provision. This is because disabled persons are entitled to reasonable accommodations under federal statutes. Courts have held that a waiver of a “no pets” provision is a reasonable accommodation for a mentally disabled person who needs an emotional support animal to lessen the effects of his or her disability. If a landlord fails to allow an emotional support animal in rental housing for a person who qualifies under the statutes, the landlord violates the statutes and could owe damages to the disabled tenant.
To qualify under the statutes, a person must have a qualifying disability, the landlord must know that the tenant has a disability, waiving a “no pets” policy must be necessary to allow the tenant an equal opportunity to use and enjoy the dwelling, and the landlord must refuse to waive the “no pets” policy.
Mental disabilities, such as mental retardation, mental illness, and special learning disabilities, qualify under the federal statutes. Also, the mental impairment must affect the person’s ability to perform major life activities such as caring for one’s self, walking, or working.
The tenant must request a waiver of the “no pets” policy from the landlord, explaining that he or she has a mental disability and needs the emotional support animal to lessen the effects of the disability. A note from a physician to this effect is often used to inform the landlord of the disability and request the accommodation. Mere emotional distress that would result from having to give up an animal because of a “no pets” policy will not qualify under federal law. Instead, there must be a link between the animal and the disability.
Even if a person qualifies for a reasonable accommodation under the statutes, a landlord does not have to waive a “no pets” policy if doing so would cause a great financial or administrative burden, if a “no pets” rule is a fundamental part of the housing program, or if the disabled person is not able to follow general rules of tenancy. However, to date, a landlord has not been able to refuse waiving a “no pets” policy to a qualifying mentally disabled person because of any of the above reasons.
In addition, if a tenant compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the tenant does not qualify under the statutes and the landlord does not have to allow the tenant in housing or waive a “no pets” policy.
Pets Provide Social, Emotional Support
Pets provide social and emotional support equal tohuman friendship, according to psychologists. Researchers conducted three experiments to examine the potential benefits of pet ownership. Reporting in the Journal of Personality and Social Psychology, they found that pet owners had greater self-esteem, were more physically fit, tended to be lesslonely, were more conscientious, were more extraverted, tended to be less fearful and tended to be less preoccupied than non-owners. (TheWashington Post, 7/13/11)
Jim Hajny, of Montana’s Peer Network, sat down with Alicia Smith to talk about Service Dogs. This is a five part series:
Part 1- Service Dogs: http://montanamentalhealth.org/mhapodcast/service-dogs-with-alicia-smith-pt1of5/
Part 2- Service Dogs: http://montanamentalhealth.org/mhapodcast/service-dogs-with-alicia-smith-pt2of5/
Part 3- Service Dogs: http://montanamentalhealth.org/mhapodcast/service-dogs-with-alicia-smith-pt3of5/
Part 4- Emotional Support Animals: http://montanamentalhealth.org/mhapodcast/service-dogs-with-alicia-smith-pt4of5/
Part 5- Therapy Animals: http://montanamentalhealth.org/mhapodcast/service-dogs-with-alicia-smith-pt5of5/