Mentor, OH asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for Ohio

Q: Hello, my apartment complex is denying my ESA animal due to a no dog policy. Am I allowed to bring the dog on property?

I have been diagnosed by 2 mental health professional with disorders that meet the criteitia for an ESA animal. I turned in the proper letters and info but my apartment complex denied me and didn't state why. Then I provided the professionals credentials to show they can write the letter. The apartment complex then stated I have been permanently denied. We asked for their lawyer's info and who owns the complex and they have not responded

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: It sounds like you are facing a challenging situation with your apartment complex regarding your emotional support animal (ESA). While you have provided the necessary documentation from mental health professionals to qualify for an ESA, your apartment complex has denied your request without stating a clear reason. This can be frustrating and concerning, especially considering the importance of your ESA for your well-being.

In cases like these, it's important to understand your rights under the Fair Housing Act (FHA), which protects individuals with disabilities from discrimination in housing, including the right to have an ESA despite a "no pets" policy. You have the right to reasonable accommodation for your disability, which includes the presence of an ESA, as long as you have proper documentation from qualified professionals.

Given the complex's lack of response to your inquiries and denial of your ESA, it may be necessary to take further action. Consider reaching out to a tenant rights organization or seeking legal advice from an attorney specializing in housing discrimination. They can provide guidance on how to proceed, including sending a formal request for accommodation or filing a complaint with the appropriate housing authority. Remember to document all communication and keep records of your interactions with the apartment complex for future reference.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.