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Lease rules

Can my landlord refuse an emotional support animal?

It depends

Under the federal Fair Housing Act, a landlord generally must make a reasonable accommodation for a documented disability-related assistance animal, even in a no-pet building, and can't charge pet rent or a pet deposit for it.

Assistance animals, including emotional support animals, are not legally the same as pets. If you have a disability and the animal helps with it, the landlord can ask for reliable documentation of the need when the disability isn't obvious.

A landlord can still refuse in limited cases: the specific animal poses a direct threat that can't be reduced, would cause substantial damage, or the request would impose an undue burden. Breed and size limits in the lease are not automatic grounds.

You remain responsible for damage the animal causes. Some small landlords are exempt from the federal law, and state laws may add rules, such as limits on how documentation can be requested.

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General educational information, not legal advice. Laws vary by state and city and change over time - for a specific situation, contact a local tenant-rights organization.

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