Can a Landlord Limit the Number of Emotional Support Animals?

As a landlord, you might find yourself facing requests from tenants to accommodate assistance animals, particularly emotional support animals (ESAs). Understanding emotional support animal rental laws is crucial in these situations to ensure compliance and fair treatment. And for good reason: ESAs comfort people with mental disabilities and help them feel better with their presence. However, sometimes, a tenant might request more than one ESA.

Although having multiple ESAs is not a problem in itself, their lack of formal training can lead to property damage and other challenges within the building. In such cases, you may want to limit the number of ESAs in your rental property.

But can you do that legally? Can you, as a landlord, limit the number of Emotional Support Animals?

The answer is yes, but only under certain circumstances, such as when multiple animals cause an undue financial burden, create health or safety concerns, or are unreasonable given the size of the tenant’s unit.

Continue reading to learn more about the laws on multiple ESAs, under what conditions you can limit the number of ESAs, and your rights and obligations as a landlord.

What Does Federal Law Say About Multiple ESAs

Various mental and physical impairments can significantly restrict an individual’s ability to perform major life activities, which is crucial in discussions about emotional support animals. When it comes to emotional support animals and renting, the Fair Housing Act (FHA) serves as the primary legal reference point for landlords and tenants alike. According to the Fair Housing Act, you must allow ESA for tenants with mental disabilities in your rental property. Not only that but you are also required to make reasonable accommodations to adjust the ESA, even if your property has a “no pets” policy.

State and local laws specify the limitations on what landlords can inquire about a tenant’s emotional support animals. These laws clarify that landlords cannot demand detailed information regarding how the ESAs assist with a tenant’s disability or ask about the nature of the disability itself, emphasizing the protections afforded by these laws.

This goes the same for the multiple ESAs, too. There is no set limit on the number of Emotional Support Animals a tenant can have. As long as each animal is deemed necessary for their emotional well-being and has proper documentation from a licensed mental health professional, you are required to make reasonable accommodations. In addition, you can’t charge an extra deposit or fees for ESAs.

What Does The Department of Housing Say About Multiple ESAs

The Department of Housing(HUD) says the same thing as FHA when it comes to ESAs. Individuals can have as many ESAs as they need, provided that each animal addresses a specific disability-related need. HUD’s guidance applies to any assistance animal, including emotional support animals and service animals, clarifying that these animals are recognized and accommodated under federal law. This means that if a tenant has multiple ESAs that help alleviate different symptoms or provide different types of support, they are generally permitted to keep them. HUD also requires you to make reasonable accommodations.

When considering how many service animals can be accepted in various contexts, especially in apartment living, the criteria set by laws like the Fair Housing Act play a crucial role. While there is no official limit, the number of service animals or other assistance animals allowed may depend on the living space and specific needs of the individual, balancing the requirements against any potential issues related to health and safety.

However, it is also critical to note that any request for accommodation must be considered “reasonable” under both FHA and HUD. This includes requests for service dogs. Any accommodation request that seems unreasonable can be legally denied. You can evaluate the request based on the living situation and the potential impact on your property and other existing tenants. 

For example, if a tenant requests two ESAs—a dog for anxiety and a cat for insomnia—with proper documentation showing each addresses a specific need, this would likely be considered reasonable. However, if the tenant requests six animals, it could be denied if it poses an undue burden, such as excessive noise or property damage.

What Comes Under Reasonable Accommodations

Reasonable accommodations mean adjusting your current policies and practices to ensure tenants with disabilities have equal access to housing. Both FHA and HUD require you to make reasonable accommodations for people with disabilities. 

Examples of reasonable accommodations would be:

• Modifying “no pets” policies to allow ESAs
• Waiving pet deposits or fees for ESAs
• Allowing multiple ESAs if each one provides distinct support for the disability
• Making adjustments to property rules to accommodate the ESAs.

When Can You Limit the Number of Emotional Support Animals

As we have already discussed above, both FHA and HUD mandate you to allow ESAs within reasonable adjustments in rental properties and don’t have limitations on the number of ESAs, either. So, does this mean you cannot limit the number of ESAs on your property?
Definitely not. Some conditions allow you to legally reject or limit the number of ESAs on your property. These include:

• Undue Financial Burden: If a tenant’s multiple ESAs result in financial strain—such as increased maintenance costs for your property—you can cite undue hardship to limit the number.
• Health or Safety Concerns: An excessive number of animals could pose health risks or create safety hazards, such as heightened allergens in common areas or increased liability risks. 
• Reasonable Space Constraints: If the size of the tenant’s unit cannot reasonably accommodate multiple ESAs, this is another valid reason to limit the number. For instance, three large dogs in a small studio apartment might not be reasonable. 

Approach these situations with caution and consult legal counsel to ensure your decisions align with the FHA’s protections.

Your Rights and Obligations as a Landlord

While the law protects tenants’ right to have emotional support animals, it also recognizes your rights as landlords. It’s important to find a balance that allows you to meet legal requirements while also protecting the well-being of your property and other tenants.

What You Can Do

• Request Proper Documentation: Tenants must provide a letter from a licensed mental health professional outlining the need for an ESA. You can and should ask for this documentation as part of the process. 
• Assess Reasonable Accommodations: The keyword here is reasonable. If accommodating the ESA imposes an undue financial burden or creates health and safety concerns, you have the right to deny the request for ESAs. Each case should be assessed individually. 
• Clarify Tenant Responsibilities: Tenants remain responsible for any property damage caused by their ESA. You can also set behavioral expectations for the animal, such as no excessive noise or disruption to other tenants. 

What You Can’t Do

• Deny a valid ESA request outright just because your property has a no-pets policy. 
• Charge additional fees or deposits specifically for an ESA. 
• Ask invasive questions about a tenant’s medical history or disability.

Best Practices for Landlords Handling ESA Requests

Since ESAs are strictly protected under the Fair Housing Act, you should be very careful and respectful while handling them. Otherwise, you may face legal complexities, including potential lawsuits or penalties for discrimination.

Of course, it can get tricky, but establishing clear protocols and policies can help smooth the process. Here are some best practices for landlords to handle ESAs:

• Create a Clear Pet Policy: Even if your property has a no-pets policy, clarify that tenants with valid ESA documentation are exempt. Include policies for behavior, property damage, and noise levels. 
• Request Documentation Immediately: Be upfront about requiring proper ESA documentation. This ensures transparency and avoids potential misunderstandings. 
• Document All Interactions: Keep detailed records of every communication with a tenant regarding their ESA request. This can be invaluable if legal disputes arise. 
• Stay Neutral in Conversations: Avoid personal judgment or bias during discussions. Focus on the facts and legal requirements. 
• Consult a Legal Expert: When in doubt, seek advice from a local attorney familiar with housing laws to ensure your actions comply with regulations. 

Conclusion on Emotional Support Animals Limitations

In conclusion, landlords must make reasonable accommodations for emotional support animals (ESAs) under the Fair Housing Act. While there’s no set limit on the number of ESAs a tenant can have, you can limit them if they cause financial strain, health or safety risks, or space issues. It’s important to evaluate each situation carefully and ensure that your decisions are fair and in line with the housing laws. 

By having clear policies and communicating openly with tenants, you can navigate ESA requests effectively and responsibly. Respecting Disability Rights while staying within the scope of Landlord-Tenant Law is key. When in doubt, consult an attorney or property manager experienced with ESA-related issues to ensure you’re staying compliant.

Navigating the complexities of emotional support animal regulations can be challenging for landlords. At OKC Home Realty Services, we specialize in ensuring your property complies with the Fair Housing Act while safeguarding your interests. Our expert team is ready to assist you in managing ESA accommodations effectively. Contact us today at 405-232-5800 or visit our website to schedule a free consultation and learn how we can help you maintain a compliant and profitable rental property.

FAQs on ESA housing rights