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Did you know that tenants' service animals are protected by federal anti-discrimination laws of all things? The rationale is that banning support animals is a soft ban on people with disabilities from renting from you.
This can create a loophole, leaving landlords asking two questions. Firstly, do emotional support animals have the same legal status as service animals? Secondly, can a landlord limit the number of emotional support animals a tenant or household brings in?
Learn everything you need to set up desirable rental property regulations on animals by reading this quick breakdown.
Classes of Support Animals
Florida law does recognize a difference between trained service animals (dogs and miniature horses) and so-called emotional support animals (ESAs). The legal definition of service animals requires that they be animals with special training to help people with disabilities with certain tasks. According to Florida ESA laws, emotional support animals only fall halfway under that banner.
ESAs are a type of untrained service animal. They don't help their owner with tasks or monitoring. Instead, their mere presence alleviates the emotional burden associated with a disability or a condition like PTSD.
Emotional Support Animal Restrictions
Because ESAs qualify as pseudo-service animals, housing rights in Fort Walton Beach allow tenants to bring them in regardless of any "pet" policies. This means you can't ban them outright without breaking anti-discrimination laws. It even means that there's no fixed limit to the amount of ESAs a tenant or household may have.
However, that doesn't mean these laws are loopholes to sneak tons of animals past your pet policy. Firstly, the number and even the size of support animals must "make sense." Secondly, the person must have some form of ailment for their animal to qualify as an ESA.
What Landlords Can Do
Landlords aren't allowed to charge extra fees on top of the security deposit. They are, however, entitled to claim back for any damage the animals cause to the property.
Landlords are also allowed to ask for some proof of a condition if the condition isn't blatantly visible. However, they can't request information that discloses a specific diagnosis or the extent of the disability.
A landlord is only entitled to confirmation from a healthcare provider that some form of condition indeed exists. You're also still allowed to reject a tenant's application because of other information in their background check.
Can a Landlord Limit the Number of Emotional Support Animals?
The short answer to "Can a landlord limit the number of emotional support animals?" is yes, but not directly. There's no theoretical limit on how many ESAs a person needs.
Landlords must be able to accommodate their tenants' ESAs within reasonable parameters. However, landlords are allowed to refuse to accommodate ESAs if the request is unreasonable (e.g., if the animals are dangerous or if their number makes no sense). Landlords may also take other steps to protect their properties.
All American Realty has dependable expertise in dealing with landlord-tenant laws in Fort Walton Beach and far beyond. Contact us today if you need help with policies, enforcement, management, and more.
