RENT Magazine Q1 '24

Mistake #2.

Not knowing what discrimination laws apply to ESAs

The U.S. Fair Housing Act, enforced by HUD, prohibits discrimination against individuals who have disabilities, which may include failure to provide reasonable accommodations for ESAs. There are also city, county and state laws protecting tenants with ESAs, such as the New York Human Rights Law.

Mistake #3.

Not knowing the difference between ESAs, service animals and therapy animals

Originally, dogs were the only service animals. That definition has been expanded to include birds, cats, and miniature horses. Service animals, such as guide dogs, hearing dogs, and psychiatric animals, are trained to help people with disabilities by executing specific tasks, like pulling a wheelchair, guiding visually impaired persons, providing support during seizures, and calming individuals suffering from PTSD. Therapy animals are not trained for specific individuals, but for patients in hospitals, nursing homes, and retirement homes. They also assist crime victims testifying in court.

Mistake #4. Asking the tenant too many questions

There are only two questions that are applicable for ESAs: 1. Does the tenant seeking reasonable accommodation have a disability (a physical or mental impairment seriously limiting one or more major life activities) 2.Does the disability relate to the need for an ESA?

PAGE 43

Powered by