If a tenant wants to get a dog is a housing provider required to let them?
Technically, no.
However, if that dog, or almost any other non-exotic pet is an emotional support animal (ESA), it’s another conversation entirely.
I have to admit, I’m a pet person. But even for me, the rules around ESA’s seem almost all-encompassing.
In Minnesota, landlords must allow service or emotional support animals, regardless of their existing pet policies.
How does a housing provider know if a tenant legitimately needs an emotional support animal?
Tenants are required to request a reasonable accommodation from their landlord. They should explain how their disability affects their life and how an animal can help. If the building is pet free, the tenant should submit this information before moving in.
Housing providers can request additional documentation from tenants, including a letter from their doctor that confirms the disability or explains the need for the animal.
If the documentation doesn’t seem legitimate, the landlord can ask for additional documentation that is legitimate. This must include the licensed mental health professional’s official letterhead, business, contact information and signature and license information. The letter must confirm the tenant meets the definition of a disability according to Diagnostic and Statistical Manual of Mental Disorders, and recommendation that an ESA would help alleviate symptoms of the mental health condition.
For the most part, service and emotional support animal owners are required to comply with landlord policies around animals, like that it be housebroken, vaccinated, neutered or not bark a lot. However, the housing provider cannot require a pet deposit or additional pet rent because these animals are not considered to be pets.
So what happens if the pet causes damage? The housing provider can ask the resident to pay for anything beyond normal wear and tear.
And what if it’s a breed considered dangerous? The landlord has to prove the individual animal is actually dangerous rather than relying on a stereotype.
Housing providers also may not limit the number and type of emotional support animals a resident may have, but can make sure the count doesn’t exceed local restrictions.