this post was submitted on 27 May 2024
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I'm pretty sure that only works in New York and California. I don't think other states have laws protecting ESAs on the books, unless it's a service animal.
It is a protected right by law under the Fair Housing Act and backed up by the Department of Housing and Urban Development.
As long as a person who is diagnosed with a disability (which includes autism under the ADA) provides evidence of their non-apparent disability in the form of an emotional support letter by a qualified and reputable party which can vouch for the presence of that person's disability, then a US landlord cannot deny that person their assistance animal, nor may they charge them a pet deposit or pet rent. They may only deny the request under certain conditions, outlined below.
"An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet
"Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions.
"The Fair Housing Act requires a housing provider to allow a reasonable accommodation involving an assistance animal in situations that meet all the following conditions:
"A reasonable accommodation request for an assistance animal may include, for example: