Many people with emotional or mental disorders in Florida opt for an emotional support animal (ESA) – in 2021, 40.8% of adults in Florida reported symptoms of anxiety or depression, according to NAMI’s data. Emotional support animals are helpful for a variety of disorders beyond anxiety and depression, and ESAs are provided with housing rights in Florida.
However, ESAs don’t have endless housing rights. It is important to know the law so that you can advocate for yourself and your ESA. There are certain conditions when a landlord can legally reject an ESA in Florida, but so long as you know these conditions, you can be better prepared. Read on to learn more.
What Makes an Animal an ESA in Florida?
An emotional support animal (ESA) is an animal that is prescribed by a licensed mental health professional (LMHP) to a person struggling with a mental or emotional disorder. A range of disorders qualify, from anxiety to ADHD to PTSD and more. The ESA serves as part of the person’s treatment plan, and so are treated as such, rather than as a pet.
Many different animals can be ESAs, not just dogs and cats. Insects, rabbits, horses, snakes and pigs can all be emotional support animals, and this list is not exhaustive. If the animal would improve the life of someone with a mental or emotional disorder, they can qualify as an emotional support animal.
ESAs are not provided with extra travel or employment rights, like service animals, but they are allowed to live in any housing with the person they are prescribed for. Landlords typically must accept an ESA in their property.
ESA Housing Laws in Florida
The Fair Housing Act (FHA) covers the rights of emotional support animals in Florida, and states that they can live in any housing with their owner, even rentals with no-pet policies. In order for this law to apply, you must show your landlord a valid ESA letter prescribed by an LMHP within the last 12 months.
Housing That Is Exempt From the Fair Housing Act
Not all housing must abide by the Fair Housing Act, though most do. Exemptions include housing owned by religious organizations or clubs that give priority to their members. Landlords with only a few tenants are also often exempt: single-family homes rented without an agent, and buildings with four or fewer units, provided the owner lives in one of them.
Student housing must abide by the FHA – they are not exempt from the law. Furthermore, the FHA states that landlords cannot charge pet fees for an ESA or discriminate based on the breed or size.
When Can a Landlord Legally Reject an ESA in Florida?
Housing that is not exempt from the FHA must accept an emotional support animal, even in rental properties that don’t allow pets. However, there are circumstances in which a landlord can legally reject an ESA in Florida, as we show below.
A Valid ESA Letter Is Not Provided
For an ESA to be accepted by a landlord in Florida, you must provide a valid ESA letter. This is a prescription letter written by a mental health professional licensed to practice in Florida, and it must be renewed every 12 months. If the proper documents are not provided, a landlord is within their right to legally reject your ESA.
To receive an ESA letter for your condition, visit US Service Animals; we can put you in contact with an appropriate telehealth professional. After a consultation, which can be scheduled within 24 hours, you can receive a valid ESA letter if the mental health professional deems an ESA appropriate for your treatment plan.
The ESA Poses a Direct Threat to Health and Safety
Without proper care and training, an animal can become a threat to other people, even an emotional support animal. Understimulated animals can become agitated and aggressive, and they may lash out at other people.
If your ESA poses a direct threat to the health and safety of other people, this is legal grounds for a landlord to reject your ESA in Florida. This includes behavior such as biting, growling, barking, and, in some cases, severe scratching. Thorough training can prevent this issue so that you can keep your ESA in your home.
The ESA Could Cause Substantial Property Damage
Another issue that can arise without proper training is property damage. If your animal causes, or could cause, substantial property damage, such as chewing and scratching furniture beyond repair, a landlord can legally reject your ESA.
If a landlord discovers damage after accepting the ESA in their property in Florida, they are also within their right to ask you to remove the animal, and to pay for the repairs caused by the ESA.
Some animals are not able to live in some properties without risking substantial property damage. Some breeds of dog are too large for small condos, and animals with hooves may scratch hardwood floors that are in place. If a landlord believes they could cause damage, they can legally reject your ESA.
Accommodating the ESA Creates an Undue Financial Burden
Insurance costs are often cited when rejecting an ESA in the case of undue financial burden. Insurance can cover the cost of damage to, or on, the property. However, if this is caused by an animal that is not covered in the property insurance plan, this can create an undue financial burden for the landlord.
If your emotional support animal would require a landlord to substantially increase their insurance costs, they are legally allowed to reject your ESA in Florida, but they must provide solid evidence that this would be the case.
So, When Can a Landlord Legally Reject an ESA in Florida?
If a valid ESA letter is not provided, or your emotional support animal poses a significant risk to people or the property, then a landlord can legally reject an ESA in Florida. The same also goes for housing not covered under the FHA and situations where allowing an ESA would cause undue financial burden to the landlord.
However, if these circumstances are not the case, a landlord who illegally rejects an ESA in Florida can be brought to justice by the Florida legal justice system.
To ensure that your emotional support animal is accepted by your landlord in Florida, always have a valid ESA letter, and train your ESA with positive reinforcement training to curb any bad behavior.