As a landlord, you will have to cater to the unique needs of your tenants. One such request you will often get is the ability to move in with an emotional support animal. This is where you will start thinking about the difference between an ESA and a standard pet. Failing to understand this difference can lead you to legal risks. On top of that, you will have to deal with fair housing complaints and even strained tenant relationships.
Read on and let's explore the difference between pets, service animals, and emotional support animals. This understanding can help you keep the operations running smoothly.
At a glance, you will not be able to tell any difference between pets, emotional support animals, and service animals. Let’s take a look at them in detail to understand the differences.
Pets
A pet is an animal kept by a person for companionship or enjoyment. Landlords often tend to charge pet deposits and monthly pet fees. However, there are some landlords who restrict pets altogether.
Emotional Support Animals (ESAs)
An emotional support animal is prescribed by a licensed mental health professional. People get them to improve psychological or emotional conditions. These are not just companionship animals in the legal sense since they also qualify as an accommodation under the federal housing law. On the other hand, ESAs don’t require any specialized training as well.
Service Animals
Service animals are mostly trained to handle specialized tasks. They are mostly dogs and popular among people with disabilities. For example, a visually impaired person can get a service animal. The service animal can help that person navigate and cross the streets. They have broader access rights under the Americans with Disabilities Act (ADA). However, they are considered differently under the Fair Housing Act.
Tenants who wish to move in with ESAs will have to submit their requests to the landlords. This is where you should follow a structured and consistent process. It will help you prevent discrimination claims.
Review Documentation
A tenant seeking an ESA must provide documentation from a licensed health professional. This usually comes in the form of a letter verifying the tenant's need for the animal. Landlords are allowed to request reliable documentation, but should avoid prying into the tenant's specific medical condition. Questions should focus only on confirming the need for the accommodation.
Landlords should also be wary of fraudulent certificates marketed online. While these websites offer “instant ESA letters,” only verifiable documentation from licensed providers is valid. If in doubt, a landlord may perform a limited verification, such as confirming the professional’s license.
Respect Tenant Privacy
Privacy is a major concern. Landlords are not entitled to know the tenant’s diagnosis or personal medical history. Asking detailed medical questions crosses the line into a privacy violation. Instead, the only relevant point is whether the documentation establishes a legitimate need for the ESA.
Respecting privacy builds trust, reduces conflict, and positions the landlord as acting in good faith. This approach can help prevent unnecessary disputes and complaints.
Maintain Consistency Through Applications
Consistency is an important aspect to consider. Landlords should apply the same standards to all ESA requests across tenants. If one tenant is asked for verification, all others should face the same process. Treating tenants unequally in this area could expose landlords to allegations of favoritism or discrimination.
Consistency also helps keep the process streamlined. A standardized procedure, such as requiring documentation in writing, storing it securely, and setting deadlines for review, to reduce confusion and ensure that landlords meet their obligations fairly.
Avoid Additional Fees or Deposits
One common mistake is charging pet rent or additional deposits for ESAs. Under fair housing law, landlords cannot demand pet fees for ESAs or service animals. The only exception is if the animal causes actual damage to the unit, in which case the tenant remains responsible for repair costs, just like any other renter.
By adhering to these responsibilities, landlords protect both themselves and their tenants. Working with an experienced Austin Texas property manager can ensure consistency with all tenant concerns related to ESAs.
If you are managing multiple properties, you will not be able to handle ESA requests in detail. This is where you need to come up with a standard procedure. Here’s how you can do it.
Establish Clear Policies
Property managers can help draft policies specifically addressing pets, ESAs, and service animals. These policies should outline the step-by-step process for examining requests and collecting documentation. With clear guidelines, managers can ensure that front-line staff handle each situation appropriately.
Handle Documentation and Verification
Property managers are often the first point of contact when a tenant submits an ESA request. Their role includes receiving documentation, checking it for completeness, and ensuring it’s securely recorded. By managing the paperwork, they free landlords from accidentally overstepping into areas of privacy or asking inappropriate questions.
Provide Staff Training
Miscommunication often arises when leasing agents, maintenance staff, or front desk employees are unsure of the rules around ESAs. Property managers can train staff to recognize ESA requests, understand what information can and cannot be asked, and maintain professionalism in all interactions.
Mediate Disputes
Sometimes, a landlord is hesitant to accept an animal, especially if there are concerns about noise, allergies, or property damage. Property managers act as neutral mediators, explaining legal obligations while addressing the landlord's concerns. With clear communication, they often resolve potential conflicts before they escalate. Respectfully explain the Fair Housing Act and ESA regulations for tenants who still have other questions.
Monitor Compliance and Updates in Law
ESA-related regulations continue to evolve, and interpretations can vary across jurisdictions. Property managers make it their job to stay informed about updates to the FHA, HUD guidelines, or state-level changes. By keeping landlords up to date, they reduce the risk of costly mistakes.
As you can see, emotional support animals present unique challenges to landlords who rent houses. Tenants with ESAs are always entitled to have reasonable accommodation. Even if your buildings prohibit pets, you will need to make changes to the policies to accommodate these pets. Hence, you should create a consistent process to document and treat ESAs accordingly.
