We want to make sure you’re not barking up any wrong trees when it comes to emotional support animals, or ESAs in your Charlotte rental property. You want to make sure you’re in full compliance with all fair housing laws.
One topic that often arises is how to handle ESAs within rental properties. What do you do if an existing tenant tries to move in with a support animal? What are the guidelines for working with an applicant who has an ESA?
Understanding your obligations and the rights of tenants with ESAs can help you manage your property effectively while staying on the right side of the law.
As Charlotte property managers, we’ve been dealing with pets, service animals, and emotional support animals for many years. We can help you with some information and best practices that will ensure you’re treating both tenants and their support animals fairly without sacrificing the condition or profitability of your investment property.
What Are Emotional Support Animals?
Unlike service animals, which are trained to perform specific tasks for their owners who have disabilities, emotional support animals provide therapeutic benefits simply through companionship and presence. Most emotional support animals are not required to have specialized training or documented certifications. However, an emotional support animal does need to be prescribed by a licensed mental health professional or other medical practitioner.
Common Charlotte Landlord Concerns Around ESAs
Dealing with emotional support animals can raise several concerns for landlords, particularly around property damage, noise, and potential liability. We know that a lot of property owners often worry that allowing ESAs might lead to increased wear and tear on their property. This is why they collect pet fees and pet rent when a tenant moves in with a pet.
While it’s true that pets can sometimes cause damage to furniture, flooring, or other fixtures, you have to remember that ESAs are not considered pets in the eyes of the law. They are, instead, considered accommodations. You might have noise complaints or general complaints from neighbors about another tenant’s ESA.
There’s also the matter of liability. What if a tenant’s support animal causes harm to other tenants or visitors?
Understanding these concerns and having a clear, legally compliant policy in place can help mitigate these risks and ensure smooth, fair interactions with tenants who have ESAs. You cannot do much to restrict them. However, you can have some guidelines in place and hold tenants accountable for the behavior and any damage that’s caused by their support animal.
Fair Housing Laws and ESAs
The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities, which includes those who require an ESA. According to the FHA, landlords must provide reasonable accommodations for tenants with ESAs, even if the property typically has a no-pets policy. As we said earlier – support animals are not pets.
Here are some key points to remember when you approach emotional support animals at your rental property:
- Documentation Can Be Required
Tenants and applicants can be asked to provide documentation from a licensed mental health professional or other medical doctor that states the need for an ESA.
- No Pet Fees
Charlotte landlords cannot charge additional pet fees or deposits for ESAs. You cannot deny a specific type of ESA. Sometimes, they will be dogs or cats but they might also be reptiles or birds or rabbits. Your commitment to making reasonable accommodations in accordance with the FHA and the Americans with Disabilities Act (ADA) means that you must allow the ESA unless it poses a direct threat to others or would cause significant property damage.
Steps for Making Your Charlotte Rental Property ESA-Friendly
- Understand the Law
Familiarize yourself with the FHA, the ADA, and any locally specific regulations related to ESAs in Charlotte rental properties. This knowledge will help you make informed decisions and avoid legal pitfalls. In Charlotte and in North Carolina, fair housing laws and anti-discrimination laws generally follow the federal guidelines already in place.
- Request Proper Documentation
Require tenants to provide a letter from a licensed health professional that outlines the need for an ESA. Ensure the letter is current and verifies the tenant’s requirement for the animal.
- Adjust Your Pet Policies
Update your leasing agreements to reflect your compliance with ESA regulations. Clearly state that while pets may be restricted, ESAs are allowed with appropriate documentation.
- Educate Your Staff
Ensure that your Charlotte property management team is well-versed in handling requests for ESAs. They should know how to verify documentation and interact respectfully with tenants needing accommodations. This is an area of the law that any good property manager will stay up to date on in order to protect their clients and their properties.
- Maintain Open Communication
Create an open line of communication with tenants who have or request support animals. Encourage them to inform you of their needs and concerns regarding ESAs, fostering a supportive and compliant rental community.
Potential Challenges and Solutions
There’s always a threat of damage and liability when we talk about animals. However, with pets, it’s easier to mitigate those risks because at least you can collect a pet fee or a pet deposit. While you cannot charge pet fees for ESAs, you can hold tenants responsible for any property damage caused by their animal. Make sure this is clearly stated in your lease agreement.
Be sensitive to other tenants. If someone in your building has allergies or phobias related to animals, work to find a reasonable accommodation. This might involve relocating one of the tenants to a different unit within the property.
Navigating the complexities of fair housing laws and emotional support animals can be challenging, but it is essential for property owners in Charlotte. You want to keep yourself in compliance without being taken advantage of by tenants who are trying to avoid paying pet fees or pet rent.
If you’re in doubt at all, work with a Charlotte property management team.We can help you create a strong lease, welcome tenants with emotional support animals, and protect your property. Contact us at AM Realty.
