Finding and moving to a new home can be a strenuous experience, even when you like the change you’re making. This is more so when you have an emotional condition or disability, and part of your treatment involves having an Emotional Support Animal (ESA). In this case, finding a new home comes with a new set of challenges only you and your furry friend can know. And no one needs the added fear and stress of possibly being denied housing or being discriminated against for owning an ESA.
Thankfully, a new Florida law on emotional support animals that went into effect July 1, 2020, explicitly states what you and your current/prospective landlord, HOA, or any other housing provider can and cannot do regarding Emotional Service Animals. The law applies to all condos, apartments, and rental homes.
ESA Rules: What a Florida Landlord Can & Cannot Do
The 2020 ESA law, an amendment to the Florida Fair Housing Act, provides robust protection. It strictly prohibits landlords from denying housing to any person with a disability or disability-related need who owns an Emotional Support Animal or acquires one in the future. This means it is illegal to reject an emotional support dog in Florida, a cat, or other ESA, provided you have the proper documentation (see below).
The new Florida ESA law prohibits landlords from requesting specific information related to the diagnosis, its degree of severity, or even medical records relating to the disability. This includes but is not limited to the specific condition or diagnosis, the severity of the condition, or the specific treatment plan. This further applies to any particular forms or routine processes the housing provider may have in place. If the tenant with an ESA fails to comply with the landlord’s “routine processes,” they cannot be denied housing.
When can a landlord or HOA legally reject an ESA in Florida? A landlord or Florida HOA cannot deny an ESA if you have a properly documented ESA letter from a licensed health professional. Per Florida law, a landlord or HOA can only refuse an ESA or “deny a reasonable accommodation request for an emotional support animal if such animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property of others, which threat cannot be reduced or eliminated by another reasonable accommodation.”
Landlords and HOAs can, however, ask for proof of vaccination per state and local requirements for each emotional support animal.
Does My ESA Need to Be Trained?
No special ESA training is required.
Unlike service animals, since the very presence of an Emotional Support Animal helps alleviate symptoms in the affected person, this law does not require ESAs to undergo specific training. This means your landlord or condo board cannot require your emotional support dog to have special training or skills. However, it is highly recommended for owners to train their ESAs on safety and good behavior, especially if it is a dog.
Can I Be Charged Pet Deposits or Monthly Fees for my ESA?
No additional pet deposit or monthly fees can be charged for an ESA dog or cat.
The Florida ESA law upholds fairness and respect. It prohibits housing providers from charging additional fees for having an ESA, regardless of their existing pet policies. So, if you have an ESA in a Florida condo, your landlord or HOA cannot charge you pet fees. The exact Florida statute explains more.
Who Can Write an ESA Letter?
As mentioned above, an ESA letter must be written by any licensed federal, state, or local government agency, or specified healthcare practitioners, telehealth providers, or even out-of-state healthcare practitioners who have provided care/services to the person on at least one occasion, establishing that the person has an emotional disability for which the ESA has been prescribed.
I Have More Than One ESA. What Do I Do?
Under the rules for having multiple ESAs, you are allowed to have more than one ESA. This freedom is a significant aspect of the law, giving you the independence to choose the support you need.
However, the housing provider has the right to request information on how each animal is meeting its specific need or how each emotional support animal is helping with the owner’s specific emotional needs, along with proof of licensing and vaccination requirements for each animal.
Like having one ESA, you must have a letter from your licensed mental health professional for each ESA. You may also wonder how many emotional support animals can have in Florida. Well, as many can be justified by a licensed healthcare provider to help you with a specific disability.
