Renting and Emotional Support Animal?

First check and see if he's exempt from the law- quite a few landlords are, especially those with a small number of single-family houses that are rented out. There's lots of info here: http://www.bazelon.org/LinkClick.aspx?fileticket=m... If he's exempt from the law, have another conversation with him about specifically how allowing you a dog would help you, and then find yourself new housing if he still declines because if he doesn't want to allow it based on your request, trying to strong-arm him into following a law he's not subject to will likely only set him against the idea more.

If he is subject to the law, first think about whether you really want to pursue this with him past a few more conversations about how this would help you. This isn't some random landlord that you won't care if you make an enemy of. If you decide to pursue it, request that he allow you the accomodation of an Emotional Support Animal in writing, and ask that he respond to your request in writing. Include the appropriate statutes, and include a letter from your doctor detailing your disability and the ways in which the animal would help you to function. Know that it's likely he'll be upset if you go that route, which would end up affecting your relationship with your boyfriend's family permanently.

First, you need to understand that some housing is exempt from the FHAA. This may well be the case with your landlord since he is a private individual. He needs to own at least four houses, three of which he rents out, in order to be subject to the FHAA.

Second, an ESA is not a service animal. It's different and there are slightly different rules for ESAs vs service dogs (SDs). A landlord has more latitude with an ESA than he has with a SD. For example, he can put limitations on the breed or size of the animal if it is an ESA but not if it is a SD.

What you do is the same as for any landlord. You write a letter requesting a reasonable accommodation. You explain why you need an ESA and your doctor also writes a letter explaining that in is professional opinion you are disabled by mental illness and that an ESA is a necessary part of his treatment plan for you.

Sample for your letter: http://servicedogcentral.org/content/node/261

Sample for your doctor's letter: http://servicedogcentral.org/content/node/304

As the previous poster said, there are exceptions to the FHA. It's called the "Mrs. Robinson exception". If the landlord owns less than 4 homes and lives and one of them, then he is exempt UNLESS he uses a realtor. ESAs are also pet fee exempt in qualifying housing.

The poster was also correct that if you lived in the house before acquiring the ESA, they can set some limitations on the ESA such as size and breed as any animal can be an ESA. If you had the ESA prior to renting, then they can not.

Your first step is finding out if the housing is subject to the FHA.

Obtain a note from your psychiatrist that states you require an ESA (emotional support animal) and go from there.

Even though i have found some conflicting information (some places say ESAs are service dogs other say they are not) i would guess that you should check your local laws regarding legality of them denying you the ESA - if they are NOT considered to be service dogs then you may be SOL.

http://www.psychdog.org/faq.html#need

"Dogs used for emotional support, that are not task-trained, are called emotional support animals. They are not service dogs."

"The Department is proposing new regulatory text in § 35.104 to formalize its position on emotional support or comfort animals, which is that ‘‘[a]nimals whose sole function is to provide emotional support, comfort, therapy, companionship, therapeutic benefits, or promote emotional wellbeing are not service animals.’’ The Department wishes to underscore that the exclusion of emotional support animals from ADA coverage does not mean that persons with psychiatric, cognitive, or mental disabilities cannot use service animals. The Department proposes specific regulatory text in § 35.104 to make this clear: ‘‘[t]he term service animal includes individually trained animals that do work or perform tasks for the benefit of individuals with disabilities, including psychiatric, cognitive, and mental disabilities.’’ This language simply clarifies the Department’s longstanding position."

-- http://www.ada.gov/NPRM2008/t2NPRM_federalreg.pdf

http://www.servicedogcentral.org/content/node/74

gather up all information you can to present to him..

laws in your area regarding ESA's.. including a copy of the American with Disabilities Act

a note from your Dr reccommending an ESA

Any information you can get regarding ESA's, how they help with mental illness, etc

Actually if your landlord falls under either of the exceptions of the FHA, he does NOT have to abide by it.

Anyways read this http://www.bazelon.org/LinkClick.aspx?fileticket=m... and it states how you should go about talking to your landlord about this.

Since I am assuming you are getting the dog from an organization that trains dogs for this purpose, my understanding is that your doctor will have to write a "prescription" for it.

Keep a copy which you can in turn, give to your medical insurer, or keep as a record on file for tax purposes.

Just give your landlord a copy of that letter.

You could ask your doctor to write a letter to your landlord explaining why you need the dog.

JUST SEND HIM THIS POST, IT EXPLIANS EVERYTHING!