Q: My son recently moved and his landlord has a strict no pets on the property policy. I usually visit about 3-4 times a we
I have a registered ESA. My son won't let me bring my ESA into the house for fear of being evicted. Can he be evicted because of my ESA being in the house with me?
A: Likely no since both service animals and emotional support animals are legally defined to not be "pets" but rather working animals, not subject to normal "pet" rules, with service animals having even more protection/rights than ESA's. Rather than wait to be "caught", I would recommend writing the landlord a letter (signed, dated, keep a copy) explaining the situation and requesting a disability accommodation. Your son would still, however, be liable for any damage or disturbance to other tenants that the animal might cause. Clearly your son could have the ESA regardless of the landlord's wishes and no additional rent, deposit, costs can be charged him. The issue really is how that applies to guests who visit but my best guess is since they are not legally pets, a no pets policy cannot be used against them.
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