Even if your apartment building or rental has a strict “no pets” policy, or rules that limit the type or number of pets you can have, these restrictions generally do not apply to emotional support animals (ESAs). This is because federal Fair Housing rules are in place to protect individuals who rely on emotional support animals for their well-being. These rules recognize ESAs as more than just pets; they are considered a necessary accommodation for people with mental health disabilities.
So, if your building has a pet policy, does it mean it completely ignores your emotional support animal? For the most part, yes. For instance, if there are rules about pet size, breed, or weight, these typically do not apply to your ESA. Similarly, buildings often charge pet fees or pet deposits, but these cannot be applied to ESA owners. The law sees ESAs differently from regular pets due to their therapeutic role.
However, it’s important to remember that as an ESA owner, you are still responsible for ensuring your animal is well-behaved and doesn’t cause disturbances or damage to property. You are accountable for your ESA’s actions and must make sure they are good neighbors. This means keeping your ESA under control, ensuring cleanliness, and preventing any behavior that could be considered a nuisance to others in your building.
What kinds of animals can be considered ESAs? While dogs and cats are the most common, a range of small, domesticated animals can qualify. This could include animals like birds, rabbits, fish, and gerbils. The key factor in determining if an animal qualifies as an ESA is not the species, but whether the individual has a valid ESA letter from a licensed mental health professional. This letter formally recognizes the person’s need for the animal to alleviate symptoms of their mental or emotional disability.
Therefore, when it comes to building pet limits, an emotional support animal typically does not count towards this limit. This is because, legally, an ESA is viewed as a reasonable accommodation for a tenant with a recognized mental health disability, rather than simply a pet. The purpose of allowing ESAs in housing, even with pet restrictions, is to ensure individuals with mental health needs have equal housing opportunities and can benefit from the support of their animals at home.
It’s crucial to differentiate between housing rules and public space rules. While ESAs have certain exemptions in residential buildings, they are generally still considered pets in public places. This means that in stores, restaurants, and other public venues, your ESA is expected to adhere to standard pet regulations. The exemptions for ESAs primarily apply to housing to ensure fair and accessible living situations for individuals with mental health conditions.
