ESA Challenges: Addressing Denials, Lease Violations, and Eviction

These are frequent questions received by our Housing Help Desk:

Application Denial

Question: The landlord denied my apartment application, and I have an ESA.

Response:

• Landlords may deny apartment applications for various reasons like low credit or income.
• But, they can't refuse housing because someone has an emotional support animal or service animal. Landlords must make reasonable accommodations for people with disabilities. The landlord needs to evaluate each assistance animal on a case-by-case basis through these steps.
• To learn more about what a tenant can do after a denial, click here.

Noise Complaints

Question: I received noise complaints because of my 6-week old ESA. That's unreasonable.

Response: A landlord cannot demand that a tenant remove the animal simply because it barks. A landlord must reasonably accommodate the animal. The key word is “reasonably” accommodate. If there's excessive noise, compromises can include anti-barking devices or training. An ESA relationship is a two-way street: both sides have to work together if there is a problem.

Eviction

Question: My landlord gave me an eviction notice because of my pet, but other people have pets.

Response: There are several things to unpack. An eviction notice does not automatically mean discrimination. Reasons could be nonpayment of rent or lease violations. If it's a pet, common rules apply. If it's an assistance animal reasonable accommodations should be made.

Additional points to consider:

• Nonpayment of rent: If the tenant is behind on rent, the landlord can give a 5-day notice for nonpayment of rent. Rent is a separate issue from reasonable accommodations.
• Lease violation: If the landlord gave a 10-day notice for a lease violation, it should say which part of the lease was violated. The tenant can cure the violation within 10 days and prevent an eviction.
• Nonrenewal of lease: A landlord doesn't need to give a reason why they are not choosing to renew the lease with a 30, 60, or 120-day notice.
• Whether an animal is an assistance animal for a disability or a regular pet, if the animal still needs to follow rules. So, if the tenant is leaving dog poop in shared areas, the animal is damaging the unit or building, the animal is breaking noise ordinances and disturbing other tenants, then the landlord can tell the tenant that they need to fix things.
• Other peoples' animals might be assistance animals for their disabilities.