Q: I rented my private WI home to my great niece. They want to get an ESA. Do I have to accommodate their request?
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A:
As a landlord, you may be required to accommodate a tenant's request for an Emotional Support Animal (ESA) under the Fair Housing Act (FHA), even if your property is a private home. Here are a few key points to consider:
1. The FHA applies to most housing situations, including private homes used as rental properties.
2. If your niece has a disability and the ESA helps alleviate symptoms of that disability, you may be required to allow the animal as a reasonable accommodation.
3. You can request documentation from a licensed healthcare professional verifying that your niece has a disability and that the ESA is necessary for her well-being.
4. ESAs are not subject to the same rules as service animals under the Americans with Disabilities Act (ADA). ESAs do not need specific training, and there are no restrictions on animal type.
5. You cannot charge a pet deposit or additional rent for an ESA, but you can hold your niece responsible for any damage the animal causes.
6. If accommodating the ESA would cause you undue financial or administrative burden, you may be able to deny the request.
It's best to consult with a local attorney specializing in landlord-tenant law and fair housing to understand your specific obligations and rights in this situation. They can help you navigate the process and ensure that you comply with the law while protecting your interests as a landlord.
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