Housing Rights

 

Service & Emotional Support Animal Housing Laws

 

Fair Housing Act for Emotional Support Animals

  • Are protected under the Federal Fair Housing Act of 1988
  • Dogs, cats, rabbits, birds, goats, bearded dragons, horses, pigs are common ESA animals
  • Have the right to living in pet restricted housing
  • Property owners cannot charge pet rent or pet deposits
  • ESA animals do not require any training by federal law but should have good social skills if you take them in public
  • Are allowed in housing designated as four units or more (apartments, condos, townhomes, or mobile home park)
  • Property owner may ask for a note from a doctor or licensed therapist but they cannot inquire about the extent of the disability or ask for detailed medical records for the individual requesting an Emotional Support Animal or Service Animal.
  • Hotels are not required by law to accept an Emotional Support Animal but you can ask for an exception.
  • Check the Emotional Support Animal housing rights or city laws for pets that are allowed on your property.  If your pet is not allowed within your zoning classification, you may able to request zoning exception. 

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Service Animals:

  • Are protected by the Americans with Disabilities Act
  • Dogs and miniature horses can be Service Animals
  • Property owners cannot charge pet rent or pet deposits
  • Allowed in all housing types (single family, duplex, tri-plex, apartment, condo, townhouse, or mobile home park)
  • Property owner may ask what service the dog or miniature horse provides and request a note from a doctor
  • Are allowed in hotels and they cannot charge a pet fee

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Airlines Travel

  • Airlines cannot charge a cabin pet fee for Emotional Support Animals or Service Animals
  • ESA:  Airline will ask for a note from a licensed therapist or doctor
  • Service Animals:  Airlines may not ask for a note from a doctor or licensed therapist
  • Dogs and cats do not have to be in a carrier but they must be on a leash. The pet can sit on your lap during the flight
  • Notify the airline when making reservation that you are traveling with an Emotional Support Animal or Service Animal. Check with the airline if you are traveling with a pet that is not a dog or cat. There may be restrictions on the breed or types of pets that can travel in the cabin of the plane.

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