Emotional Support Animal and Renting?

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

Please note:

"Landlord" has an agenda to re-write federal laws by spreading misinformation. Most landlords DO have to permit emotional support animals, if the proper documentation is provided. Some landlords are exempt (those with few units and churches, for example), but most are not.

Here are a bunch of cases where a landlord was sued for not permitting an emotional support animal in covered housing: http://servicedogcentral.org/content/node/335

While the judgments in these cases are not typically this large, I have seen orders requiring the landlord to pay the tenant six figures in damages. So this isn't the sort of thing a landlord should take so lightly if she wants to stay in business and keep her own assets.

Hey landlord, I have a reading suggestion for you. Its called the Fair Housing Act.

Asker...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.

You should not rent from this landlord, especially since he is related to your boyfriend. If you do, you are going to have more emotional problems.

Support animals are pets, he does not have to allow a pet.

It sounds like you need to move.