The Landlord's Guide to Emotional Support Animal Laws in Columbus

Understanding the laws surrounding emotional support animals (ESAs) is crucial for landlords in Columbus. As more tenants seek to have an ESA in their home, it becomes essential to navigate the legal landscape effectively. This guide will provide a comprehensive overview of what landlords need to know about ESAs, including their definitions, legal protections, and the rights of both landlords and tenants.

What is an Emotional Support Animal?

An emotional support animal is a pet that provides comfort and support to individuals dealing with emotional or psychological conditions. Unlike service animals, which are specifically trained to perform tasks for individuals with disabilities, ESAs primarily offer companionship and emotional stability. They can be any type of animal, although dogs and cats are the most common.

To qualify as an ESA, the animal must be prescribed by a licensed mental health professional. This recommendation is typically based on the individual's need for emotional support due to conditions such as anxiety, depression, or PTSD. It is important to note that ESAs do not have the same access rights as service animals under the Americans with Disabilities Act (ADA).

The Differences Between Service Animals and Emotional Support Animals

Service animals, as defined by the ADA, are trained to perform specific tasks for individuals with disabilities, such as guiding a blind person or alerting a deaf person to sounds. These animals are usually limited to dogs, with a few exceptions for miniature horses.

In contrast, emotional support animals do not require specialized training to perform tasks. Their primary role is to provide comfort and companionship. While both types of animals assist individuals with disabilities, the legal protections and access rights differ significantly. Landlords must be aware of these differences to ensure compliance with housing laws.

Legal Protections for ESAs

Emotional support animals are protected under the Fair Housing Act (FHA). This federal law prohibits discrimination in housing against individuals with disabilities. Under the FHA, landlords must make reasonable accommodations for tenants who require an ESA, allowing them to live with their animal even in properties that have a no-pets policy.

Landlords cannot charge additional fees or deposits for emotional support animals, as this would be considered discriminatory under the FHA. 

However, if the ESA causes damage to the property, landlords can charge for repairs, just as they would for any other tenant damage.

Moreover, landlords can request documentation to validate the need for an ESA. This documentation typically includes a letter from a licensed mental health professional stating that the tenant has a qualifying condition and that the animal provides necessary support. 

Understanding these legal protections helps landlords navigate requests for ESAs while ensuring compliance with federal law.

How to Validate Emotional Support Animals in Columbus

Landlords should begin by requesting an ESA housing letter from the tenant. Be clear about the information you need to receive and set a specific due date.

Emotional Support Animal Housing Letter Checklist

ESA housing letters should maintain specific requirements, including the following:

• The letter should be written by a licensed mental health professional.
• It must include the professional's contact information and license number.
• The letter should state that the tenant has a diagnosed mental health condition.
• It must explain how the ESA alleviates symptoms of the condition.
• The letter should be dated and signed by the professional.

By following this checklist, landlords can ensure they are receiving valid documentation that supports the tenant's request for an emotional support animal.

Can Landlords Reject Emotional Support Animals in Columbus?

Landlords can legally reject an emotional support animal in the following situations:

• The animal poses a direct threat to the safety of others, such as aggressive behavior.
• The animal is not housebroken or is otherwise not well-behaved.
• The tenant fails to provide adequate documentation from a licensed mental health professional.
• The animal causes significant damage to the property.

By understanding these exceptions, landlords can make informed decisions while ensuring compliance with the law.

Conclusion

Navigating emotional support animal laws in Columbus requires a clear understanding of the legal framework and the rights of both landlords and tenants. By recognizing the differences between service animals and emotional support animals, as well as the protections afforded under the Fair Housing Act, landlords can foster a supportive environment for tenants who rely on ESAs for emotional well-being.

Landlords should ensure they have a thorough process for validating ESA requests and be aware of the circumstances under which they can legally reject such requests. By doing so, they can maintain a harmonious living environment while adhering to the legal requirements that protect individuals with disabilities.

If you’d rather leave the complications of validating ESAs to the experts, Evernest is here to help. Reach out to our Columbus property management team today!