The Apartment I Can Move Into Only Allows 1 Dog and I Have 2 Dogs. Can I Legally Keep Them Both as Emotional Support Animals?

Landlords frequently have specific pet policies that don't allow multiple pets or pets at all. If you have two dogs but the apartment you're interested in only allows one dog, you might be considering registering them as emotional support animals (ESAs) to bypass the policy. However, it's important to understand the legal and practical implications of such an approach.

The Difference Between Service Animals and Emotional Support Animals

A service animal is defined as a dog that is individually trained to do work or perform tasks for an individual with a disability. These animals are not considered pets and are allowed access in places of public accommodation under the Americans with Disabilities Act (ADA). Service animals are often trained to assist individuals with visual, hearing, or mobility impairments. In contrast, emotional support animals provide comfort and support to individuals with documented mental or emotional disabilities. ESAs are not service animals under the ADA but may be covered under the Fair Housing Act (FHA).

Can I Register My Dogs as ESAs?

Clarifying this, while there are no legitimate registries for emotional support animals, you can obtain a letter from a medical professional (such as a psychiatrist or therapist) stating that you require emotional support from an animal. This must be done on a case-by-case basis. Additionally, the letter must specifically address the need for one ESA and cannot serve as documentation for multiple animals.

Here’s how to navigate the situation:

You need a letter from your physician or mental health provider confirming that you require an ESA. The ESA must be specifically mentioned in the letter; multiple animals cannot be covered. Landlords will need to see this letter to grant an accommodation under the FHA.

Landlord Rights and Responsibilities

Landlords are under no obligation to change their rental practices to accommodate multiple ESAs. They must adhere to the legal requirements set forth by the FHA, which allows for reasonable accommodations for individuals with disabilities. However, proving the need for two ESAs can be challenging since the letter from your provider is not legally sufficient for more than one ESA.

Furthermore, while you may have the legal right to have an ESA, there is no justification for requesting two emotional support animals if your condition does not require them. This legal right is for individuals whose disabilities necessitate the presence of an animal, not as a means to manipulate the system.

Professional Guidance and Documentation

To ensure that you follow the proper procedures and provide necessary documentation, consider seeking professional guidance. Your mental health provider can write a detailed letter addressing your specific needs, which can then be presented to the landlord. You should also be prepared to provide proof of your disability and explain how the ESAs would provide necessary support.

If your landlord denies your request, you have the right to file a complaint with your local housing discrimination agency. Ensure you have all relevant documentation and follow the steps outlined by the Fair Housing Act.

It's crucial to approach this situation with integrity and transparency. Falsely registering your pets as ESAs could lead to legal repercussions and damage your reputation with the landlord and the community.

Conclusion

In summary, you can legally request a reasonable accommodation for one ESA under the FHA, but this does not typically extend to multiple animals. It is important to work within the legal framework and provide verifiable documentation to support your request. Always ensure that your actions align with ethical and legal standards to maintain a positive relationship with your landlord and uphold your rights under the law.