Tenants that have an emotional support animal to help with a disability are not subject to the pet policy. We are aware there are many websites out there that you can pay a fee and have your animal “registered” as an emotional support animal and get and ID card or certificate that says so. This does not provide you any legal rights however. A true emotional support animal has been prescribed by a licensed mental health professional for someone deemed to have a disability. We require a signed letter from a licensed mental health professional before we will waive the pet policy. The letter MUST contain the following information:
- Official letterhead
- Full name and title of the licensed mental health professional (LMPH)
- Name of the practice
- Phone number of the practice
- The type of medical license
- Date the medical license was issued
- The state of the therapist’s jurisdiction
- The type of animal
- Full name of the tenant/patient
- Statement regarding that the tenant/patient is under the professionals care and how long they have been for.
- Statement by the professional that the patient meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.
- Statement by the professional that they have prescribed an emotional support animal to help remedy/alleviate the disability or symptoms of the disability.
- Signature of the professional and date.
Please note that while the law does protect the rights for people with a disability to have an emotional support animal without discrimination, it also states that the landlord does not have to allow a reasonable accommodation request that will cause them financial hardship. As such certain behaviors are not permissible and are grounds for termination of the lease. These include:
- Excessive barking that may disturb other neighbors
- Damaging the property (ex: chewing trim, clawing walls, urinating on carpet)
- Allowing flea infestations
- Leaving deposits on the lawn
- Aggressive behavior towards other tenants and guests
