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  1. #1

    Default What Restrictions May a Landord Impose on an Emotional Support Animal

    My question involves a person located in the state of: IL

    Hi All,

    I am running into a situation with my current landlord (lived in location for 3.5 years). I live downtown Chicago in a high rise and the floor that I live in is not a "dog" floor. My landlord is requiring me to change floors to a dog floor since I am getting an emotional support animal. This is obviously not wanted since moving is very hard and I will also be incurring moving costs as well as costs of a more expensive unit that amounts to a couple hundred dollars more a month than I am currently paying. Is this a violation?

    From what I've read it requires the landlord to make reasonable accomodations; however, they are requesting that we jump through hoops and pay extra for a unit on a higher level.

    Thanks for your help.

    Brad

  2. #2
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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Under the Fair Housing Act (FHA) an “assistance animal” can include emotional support animals, unlike under the Americans with Disabilities Act (ADA) where emotional support animals are not included within the term “service animal.” The two acts thus provide different levels of protection when it comes to emotional support animals. Under the FHA there are two tests that determine if there is a need to accommodate a claimed assistance animal:

    (1) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities?
    (2) Does the person making the request have a disability-related need for an assistanceanimal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?

    Thus, there must be some specific tie between the animal and providing some assistance for or relief from the disability the tenant suffers. The general comfort provided by a pet will not suffice to be an assistance animal. If the answer to those two questions is yes, then the landlord must provide a reasonable accommodation for the animal. The landlord cannot apply extra fees or other special restrictions that apply to pets to assistance animals. Your landlord may not be aware of the requirements by the FHA in this regard. You might want to provide the landlord with the U.S. Department of Housing and Urban Development (HUD) special notice regarding assistance animals if that is the case. If the landlord still persists in trying to make you conform to the special rules for pets by making you move floors and pay higher rent, I suggest you start by filing a complaint with HUD. Your state law may also provide you protection here as well. If you still have trouble, trying contacting an attorney or a local legal aid office for help.

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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Given that you are on a no-animals floor, and some of the other residents may have medical and psychological reasons why they need to be in a no-pets space, it's not tremendously surprising that you're being asked to move to a floor where pets are allowed. The protections afforded to owners of emotional support animals are not as strong as those extended to owners of service animals, or to people who need physical modifications of their units to accommodate disabilities. There is not a lot of case law on this subject.

    You have not explained the increase in rent. Is it because you're moving to a unit that has higher rent, with no units similar to the one you presently occupy available? Is it because you're being expected to pay a pet deposit and monthly pet fee that is applied to all tenants who have pets in their units? Something else?

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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Will this animal be certified as a support animal? This means the animal will be taking courses, and after a set amount of weeks of training, will take a test.

    Or are you simply classifying it as a "support" animal?

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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Emotional support animals need no special training or certification. They're not service animals.

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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting Pringle
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    Will this animal be certified as a support animal? This means the animal will be taking courses, and after a set amount of weeks of training, will take a test.

    Or are you simply classifying it as a "support" animal?
    Under the FHA what matters is whether the animal is an “assistance animal.” Emotional support animals qualify as an assistance animal if it meets the requirements of (2) in my earlier reply. It need not be trained and certified as a “service animal” as the ADA requires. Some state laws may use some definition of a “support animal” but federal law does not.

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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting b0chatma
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    I am getting an emotional support animal.
    Given the foregoing explanations, the obvious question is what's wrong with you that you need an emotional support animal?

    Keep in mind that your condition is what will be the deciding factor in whether the FHA rules protect you.

    Every pet (even a goldfish, turtle, or hamster) is an emotional support animal to some extent and just calling it that doesn't mean much unless you have a protected condition.

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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Yeah, but (whatever may be the case for the OP) there are scammer "professionals" who will write you a letter "diagnosing" a need for a support animal for $100 or so.

    Here's an eye-opener.

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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting Mr. Knowitall
    View Post
    Yeah, but (whatever may be the case for the OP) there are scammer "professionals" who will write you a letter "diagnosing" a need for a support animal for $100 or so.

    Here's an eye-opener.
    I don't think I want to live on this planet anymore.

  10. #10
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    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Neither service animals or assistance animals are required to be "certified." Even true service animals can be owner/handler trained.

    The question becomes is the landlord providing enough of an accomodation by asking the tenant to move to the dog floor rather than allowing the OP to stay in the current appartment. (With the appropriate medical documentation about requiring said animal for emotional support, of course).

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