If you suffer from an emotional or mental disability you and your emotional support animal have rights to fair housing.
The Fair Housing Act (FHA) is a federal law that prevents discrimination against tenants in their homes.
If a person is emotionally or psychiatrically impaired (disabled) and an emotional support animal prescribed by a licensed mental health professional), the Fair Housing Amendments Act of 1988 requires the landlord/property manager to make a reasonable accommodation to their policies and allow the tenant to have an emotional support animal. There are no specified limitations with respect to species, breed, or weight policies.
Housing Covered by the Fair Housing Act
All types of housing, including public housing, are covered by the FHA except: 1. Rental dwellings of four or less units, where one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.
Emotional Support Animal owners do not have to pay pet fees when renting such as pet rent or a deposit. The landlord, however, may still seek money from the tenant if there is any damage caused by the animal to the home. Also, if the animal causes a disturbance the landlord has the legal right to proceed with an eviction.
The Fair Housing Act (a federal law) allows a property manager to accept a letter from the tenant's licensed mental health professional (LMHP) for an ESA, but they may also require a short verification form to be completed by a physician or therapist, confirming your emotional/psychiatric disability. Despite how much the property manager/landlord does NOT want your emotional support animal, federal law requires him/her to make a reasonable accommodation in the rules. If they do not, they are discriminating against a disabled person and are in violation of federal law.*