Service and Emotional Support Animals in Housing

Individuals with service and emotional support animals have the right to housing that is free from discrimination.

Landlords cannot discriminate against tenants because of their disability under the Minnesota Human Rights Act. In many situations, landlords must allow service animals and emotional support animals into their rental properties, regardless of policies about pets.

If you believe you have been unlawfully denied a reasonable accommodation for a service or emotional support animal or experienced other discrimination in housing, then report the alleged discrimination.

Tenants must request a reasonable accommodation.
- For a tenant to live with a service animal, emotional support animal, or both, the tenant must request a reasonable accommodation from their landlord.
- Communication is key when requesting an accommodation. A tenant should describe how their disability affects their daily life and how the animal will support them. A landlord can provide an overview of the process, so the tenant understands what the next steps are. Open dialogue throughout the process is helpful.
- Tenants should make their request as soon as possible and landlords should respond in a reasonable amount of time.
- If the landlord’s building is a pet-free building, then the landlord may require the tenant to submit their reasonable accommodation before the service animal or emotional support animal moves into the unit.
Tenants are encouraged to have documentation.
- To be proactive and help make the process as successful as possible, tenants can submit supporting documentation to the landlord when making the initial request.
- Landlords can request documentation from tenants.
  - For example, a landlord may require a tenant to submit a letter from their doctor confirming the tenant’s disability, or showing the tenant’s need for a service or emotional support animal.
- In some cases, landlords can't require supporting documentation if the tenant's disability is readily apparent or already known to the landlord.
- Landlords are entitled to know:
  - Whether the tenant has a disability.
  - Whether the service or emotional support animal serves a disability-related need or purpose.
- Landlords are not entitled to know a tenant’s full medical history.
- The Minnesota Human Rights Act does not require service or emotional support animals to be registered.
- If the documentation submitted by the tenant does not appear to be reliable, a landlord may ask for additional documentation that is reliable.
  - In most cases, if the tenant currently lives in the rental property, the landlord must allow the service or emotional support animal to live with the tenant while the verification process is happening.
Beware of online certifications, letters, animal vests, or other equipment.
- Online websites are eager to sell tenants certificates, letters, animal vests, or other equipment intended to legitimize their requests for a reasonable accommodation.
- There is no legal requirement that a service or emotional support animal be “certified,” nor does the law require an service or emotional support animal to wear an identifying vest or other equipment.
- Keep in mind that supporting documentation for service and emotional support animals must comply with certain requirements, and online letters do not always meet those requirements.
- Do your research before spending any money.
Landlords may deny a request for a reasonable accommodation.
- A landlord may deny a tenant’s request for a reasonable accommodation to live with a service animal or emotional support animal if the request causes an undue burden.
- A request for a service animal or emotional support animal may cause an undue burden if:
  - It would create a substantial financial or administrative burden.
  - The particular animal poses a threat to the health and safety of others.
- The particular animal is likely to cause substantial damage to the property of others.
No-pet policies don't apply to service and emotional support animals.
- A no-pet policy does not apply to service and emotional support animals because they are not considered pets.
- This means that if a landlord has a policy prohibiting pets on its property, then it will have to make an exception for service and emotional support animals.
- Generally, service and emotional support animals are required to comply with landlord policies related to animals, unless the tenant can show a disability-related reason why an exception should be made for their service or emotional support animal.
- Some examples are requirements that animals be housebroken, not bark excessively, vaccinated, or neutered.
Landlords cannot demand a pet deposit, monthly pet rent, or other pet fees.
- Since service and emotional support animals are not considered “pets,” a landlord cannot demand a pet deposit, monthly pet rent, or other pet fees.
- If the service animal or emotional support animal causes any damage beyond normal wear-and-tear, the landlord can require a tenant to pay for the damage so long as it treats all other tenants the same way.
Landlords cannot reject service or emotional support animals based on stereotypes.
- A landlord cannot reject an assistance animal based on stereotypes about the service or emotional support animal’s breed or size.
- When deciding that a particular animal is dangerous or likely to cause property damage, a landlord must make the decision based on an individualized assessment of the specific animal’s actual conduct.
Landlords cannot generally limit the number or type of service and emotional support animals a tenant can have.
- A landlord cannot generally limit the number or type of service and emotional support animals a tenant can have, unless the number or type of animal requested creates an undue burden on the landlord.
- If a tenant can demonstrate a disability-related need for multiple service and emotional animals or a specific type of animal, the landlord is entitled to require supporting documentation for each animal.
- In situations where a current tenant requires an emotional support animal but hasn’t acquired the animal, it is reasonable to expect the tenant to obtain an animal that complies with any size or breed restrictions that the landlord has in place at the time, unless there is a disability-related reason why a particular size or breed of animal is necessary.
Landlords can insist that tenants comply with local ordinances.
- A landlord can insist that tenants with service or emotional support animals comply with local ordinances requiring that animals be licensed or immunized.
- There may be local ordinances that:
  - Limit the number of service or emotional support animals allowed in a home.
  - Prohibit wild or exotic animals as service or emotional support animals.
- Similarly, all tenants must comply with laws or ordinances forbidding certain wild or exotic animals (such as wolves or lemurs) on the basis of legitimate public health and safety concerns.