Mistake #8. Restricting the specific breed or size of an ESA
Landlords may not limit the breed or size of a dog used as a service animal or ESA, but can limit based on specific issues with the animal’s conduct if it poses a direct threat. The Fair Housing Act does not require a dwelling to be available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others. A landlord may, therefore, refuse a reasonable accommodation for an ESA, if the specific animal poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the tenant takes to maintain or control the animal (e.g., keeping the animal in a secure enclosure).
Mistake #9. Charging additional security deposits or rent for ESAs
ESAs are considered assistance animals, and their owners are entitled to reasonable accommodations. Imposing extra financial burdens specifically for ESAs can be seen as a form of discrimination, as it may create barriers for individuals with disabilities to enjoy equal housing opportunities. The Fair Housing Act ensures that people with disabilities have the right to keep their ESAs without facing additional financial burdens.
ROBERT FRIEDMAN PARTNER Partner Friedman & Ranzenhofer
Attorney Robert Friedman has advised New York landlords for over 44 years. His website WNY- Lawyers.com has a wealth of free legal resources for landlords including videos, webinars, legal forms, blogs and guides. He attributes his success to client education, community involvement, and a reputation for cost effective, practical solutions to legal problems. Friedman & Ranzenhofer, PC was founded in 1955 by Bob’s dad, Fred Friedman, a Holocaust survivor and U.S. Army veteran.
PAGE 45
Powered by FlippingBook