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
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  • 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.

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