What is an ESA Animal?
An Emotional Support Animal (ESA) is an animal that provides emotional and therapeutic benefits to individuals who are dealing with mental health conditions, such as anxiety, depression, or PTSD. Unlike service animals, which are specifically trained to perform tasks for people with physical disabilities, ESAs are meant to provide comfort and companionship. While ESAs do not need specialized training, they are recognized for their ability to improve the
well-being of their owners.
Common types of ESA animals include dogs, cats, rabbits, and even birds. Any pet that offers emotional support and companionship can qualify as an ESA if it meets the appropriate criteria.
The Importance of ESAs in Renting Situations
For people with emotional or mental health challenges, having an ESA can be very helpful. ESA’s can give people a sense of purpose; they can reduce stress, provide security, boost self confidence and get the owner out of the house to exercise their ESA. However, renting a home with an ESA can be tricky, especially since many rental properties have "no-pet" policies and landlords that do not want pets on their property. Fortunately, there are legal protections in place for tenants with ESAs to ensure they can live with their animal companions.
Legal Protections for ESA Animals
In the U.S., there are several key laws that protect the rights of individuals with ESAs, particularly in housing situations:
The Fair Housing Act (FHA): Under the FHA, landlords must make reasonable accommodations for tenants who require an ESA due to a disability. This means that
even if a property has a "no pets" policy, a tenant with a legitimate need for an ESA cannot be denied housing based on their animal. The animal must be allowed to live with the tenant without extra charges, such as pet fees or pet rent, if it is deemed necessary for the tenant’s emotional support.
Documentation Requirement: In order to qualify for housing with an ESA, tenants usually need to provide documentation from a licensed healthcare professional. This letter must state that the tenant has a diagnosed mental health condition and that the ESA helps alleviate their symptoms. The letter should be recent (usually within a year) and include the professional's license details so that they can be contacted.
No Extra Pet Fees or Deposits: Under the FHA, landlords cannot charge tenants extra fees for having an ESA. This includes pet rent or additional pet deposits that are typically charged for regular pets. However, tenants are still responsible for any damages caused by the animal, such as scratching or chewing furniture, and the ESA must be well reported
What Landlords Can and Cannot Do
While tenants with ESAs are protected by law, landlords still have rights and are allowed to enforce certain conditions. Here’s a breakdown of what landlords can and cannot do:
- What Landlords Can Do:
Request Documentation: Landlords can ask for a letter from a licensed healthcare provider to verify the tenant’s need for the ESA.
Set Behavior Expectations: Landlords can require that the ESA be
well-behaved and not cause disruptions. If the ESA is noisy (e.g., excessive barking) or damaging property, the landlord can request that the animal be removed.
Maintain Safety: Landlords can enforce rules to ensure the ESA doesn’t pose a threat to the safety of other tenants. For instance, if an ESA is aggressive or dangerous, they can ask the tenant to remove the animal from the premises.
Charge for Damages: If the ESA causes damage to the property beyond normal wear and tear the landlord has the right to be compensated for losses
What Landlords Cannot Do:
Refuse to Rent Based on the ESA: If a tenant provides the required documentation and meets the criteria, the landlord cannot deny housing simply because the person has an ESA.
Charge Pet Fees or Rent: Landlords cannot charge extra fees or rent for an ESA, even if the building typically charges tenants for pets.
Limit ESA Types: Landlords cannot refuse an ESA based on its breed or species, as long as the animal is not dangerous or disruptive.
Wisconsin's Laws on ESA Animals in Rental Housing
In Wisconsin, as in other states, the Fair Housing Act offers protections for tenants who rely on ESAs for emotional support. Wisconsin’s housing laws ensure that individuals with legitimate needs for ESAs are entitled to reasonable accommodations.
Here are some key points about ESA animals in Wisconsin:
No Pet Policies Must Be Waived: If a rental property has a "no pets" policy, Wisconsin landlords are still required to make accommodations for tenants with ESAs. This means that tenants can live in the property with their ESA, regardless of the building's standard pet restrictions.
Documentation is Required: Tenants must provide a letter from a licensed mental health professional that confirms the need for the ESA. This letter is necessary to ensure that the ESA is legitimate and necessary for the tenant’s emotional well-being.
Tenant’s Responsibilities: In Wisconsin, tenants with ESAs are still responsible for maintaining the property. This includes cleaning up after their animal, preventing damage to the property, and ensuring that the animal does not disturb other tenants. If an ESA causes significant damage or disruption, the landlord may seek compensation for the damage.
How to Request an ESA Accommodation
If you are renting and need an ESA, here’s what you should do:
Consult a Licensed Healthcare Professional: Speak to your therapist, psychiatrist, or doctor to discuss your emotional health needs. If they determine that an ESA is beneficial for your well-being, they will provide a letter confirming the need for an ESA.
Contact Your Landlord: Once you have your documentation, contact your landlord or property management company. Inform them of your need for an ESA and provide them with the necessary paperwork. Be sure to ask about any specific procedures or forms they require.
Wait for Approval: After you submit your request, the landlord may review your paperwork and ask additional questions. As long as you provide the necessary documentation and the ESA meets the requirements, the landlord should approve your request.
Follow Up: If your landlord is unresponsive or denies your request, you can remind them of their obligations under the Fair Housing Act and request that they reconsider their decision. If the issue persists, you may seek legal assistance to ensure your rights are respected.
Conclusion
Living with an ESA while renting can be a smooth process as long as tenants understand their rights and responsibilities, and landlords are willing to follow the law. Emotional support animals can significantly improve the quality of life for individuals dealing with mental health challenges, and legal protections ensure that these individuals have access to housing with their animal companions, if they are able to keep up on vet bills, food and their rent payments. If you are a tenant in Wisconsin, make sure to understand the state's laws and communicate clearly with your landlord to ensure that your emotional support animal is allowed in your home.
Disclaimer
Hey there! Thanks for reading our stuff. We want you to know a few important things:
We're General Property Management LLC, right here in good old Eau Claire, WI. You can make an appointment to visit us. Our office is located at 703 5th Avenue #1, Eau Claire, WI 54703 or send written correspondence to General Property Management, LLC, P.O. Box 283, Eau Claire, WI 54702.
If you need to reach us, our email is contact@ec4rent.com and our phone number is 715-832-1200.
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