Question

I have an emotional support German Shepherd who my landlord wants to evict. There are 2 Pit bulls, 5 Chihuahuas and 3 other dogs in this building. Is it legal for only my dog to get evicted?

Answer

Emotional support animals are not pets. There are laws, such as the federal Fair Housing Act, that grant people with disabilities the right to keep assistance animals. The Fair Housing Act affects most housing. Individuals with a disability and a need for service or emotional support animals should consider getting a letter from their health care provider that makes it very clear that there is a connection between their disability and the need for the animal and that the animal is medically necessary.
The Department of Housing and Urban Development (HUD) issued a notice on this issue. It can be found at: http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf.

There are very limited exceptions under the law, such as if the specific animal poses a direct threat to the health or safety of other people and such threat cannot be otherwise eliminated or lessened by another reasonable accommodation or the specific assistance animal would cause substantial physical damage to the property of others. This assessment must be based on the individual animal’s actual conduct, not speculation or fear and also not on evidence about damage that other animals have done.

Individuals who believe they have been denied a reasonable accommodation should consult with an attorney in their area and/or file a complaint with HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777, https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint. Good luck!

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question