Employee Lease Addendum For Emotional Support Animal In Chicago
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FAQ
The general answer to that question, is no. A person with a service or emotional support animal must not be denied housing on that basis. The landlord or property manager could be facing a fair housing complaint case.
If your landlord persists on rejecting your ESA, you will ask them to write a formal letter reflecting this rejection. You will write back to them in an email stating that you have provided all necessary documentation (which is an ESA letter from an ESA doctor or licensed mental health professional).
Can I apply and request an accommodation for my assistance animal? Yes. A housing provider must make a reasonable exception to a “no pets” policy to allow an applicant with a disability to have an assistance animal.
For a person to legally have an emotional support animal (ESA), the owner must be considered to have a qualifying mental health or psychiatric disability by a licensed mental health professional (e.g., therapist, psychologist, psychiatrist, etc.), which is documented by a properly formatted prescription letter.
As a landlord, you can verify the letter in a number of ways. Keep in mind, however, that you may not, for any reason, have direct contact with your tenant's therapist. Attempting to do so may be considered a violation of federal law and the client could have cause to report you or your business to HUD.
Include the pet's breed, age, and required vaccinations. Clearly outline the rules and responsibilities of both the tenant and landlord regarding pet ownership. This should cover pet waste cleanup, noise control, and property maintenance. Clearly state the consequences of violating the pet addendum.
Wait until a landlord accepts your application and offers you the place, then tell them you have an ESA and ask if that should be reflected in the lease or not. If they withdraw the offer you have a pretty strong case of housing discrimination (assuming you can prove the animal has ESA bona fides).
Under the federal Fair Housing Act, Utah landlords may not discriminate against those who require the use of service animals or emotional support animals, although Utah only recognizes dogs as service animals.
How do I get one? In order to get the benefits of an ESA, you will need a “prescription” from a mental health professional. This is basically just a signed letter stating that you have a mental health condition and that your pet helps you deal with it.
