However, there are some exceptions to the FHA. Certain types of housing, for example, are exempt from these laws. If the ESA also poses a significant risk, they may be legally denied. Read on to learn the answer to the question “when can a landlord legally reject an ESA in Ohio?”
What Is an ESA?
An emotional support animal is not the same as a service animal, and they aren’t covered by the same laws. While a service animal is trained to perform tasks that aid someone with a disability, an emotional support animal doesn’t have any training requirements.
Instead, an ESA is prescribed by a mental health professional to provide emotional support and mental stability to someone struggling with a disorder. This includes mental health difficulties such as anxiety and depression, as well as neurodivergency and many other disorders.
ESAs don’t have public access rights like service dogs, but they are allowed housing rights under the Fair Housing Act, and landlords cannot typically reject a valid ESA.
ESA Housing Laws in Ohio
Whether you are in Columbus or Toledo, the law for ESAs in Ohio is the same throughout. So long as you have a valid ESA letter prescribed by an Ohio-licensed mental health professional, your animal is protected under the FHA.
Under the FHA, your animal cannot be treated as a pet by housing providers, but rather as an integral part of your disability treatment plan. Your ESA must be reasonably accommodated in virtually all housing types, even housing that typically doesn’t allow pets.
A landlord also cannot charge a pet deposit for an emotional support animal, and breed and size restrictions are waived for ESAs.
Housing Exempt From the Fair Housing Act
Certain housing types are exempt from the FHA and are not required to accommodate ESAs. This includes owner-occupied buildings with four or fewer units and single-family homes rented without an agent, provided the owner does not own more than three homes.
Properties owned by religious organizations and private clubs that give priority to their members are also exempt and can legally reject an ESA.
When Can a Landlord Legally Reject an ESA in Ohio?
So, under what circumstances can a landlord legally reject an ESA in Ohio? Read on to learn more.
The ESA Poses a Direct Threat to Health and Safety
Despite the common misconception, animal allergies are not a valid reason for rejecting an ESA in Ohio. Even if another tenant on or around your property has fur allergies, your landlord cannot legally ask you to remove your ESA.
However, if your animal poses a direct health and safety threat to other tenants, the landlord is within their right to reject your ESA. This includes aggressive behavior, such as growling and barking excessively at people.
Proper training can curb this issue. Use positive reinforcement training with your ESA to help them to act appropriately around others. You should also ensure they get the exercise and stimulation that they require, as excess energy, boredom, or excitability can quickly lead them to develop destructive habits.
The ESA Could Cause Substantial Property Damage
If your ESA causes significant damage to the property you’re renting in Ohio, this is legal grounds for a landlord to reject them. This includes scratched furniture, chewed wires, damaged hardwood floors, or anything else that would be costly to fix or repair.
Note also that if your landlord has already accepted your ESA, but subsequently discovers that the animal is causing substantial property damage, they are within their right to ask that your ESA is removed from the property. They can also ask you to cover the repair costs.
The ESA Creates an Undue Financial Burden
Certain animals and breeds are excluded from home insurance policies in Ohio due to their perceived risk. This includes breeds such as pit bull terriers, Great Danes, and even German shepherds. In these cases, insurance costs may increase for a landlord, creating an undue financial burden and potentially providing grounds on which they can reject an ESA.
In small accommodation or shared housing, multiple ESAs could also create an undue financial burden due to increased maintenance costs and cleaning expenses for common areas.
However, increased costs are not always a cause for legally rejecting an emotional support animal. Accommodation of an ESA must cause a significant and unreasonable financial burden in order for the rejection to be legal.
A Valid ESA Letter Is Not Provided
An ESA letter is a prescription for an emotional support animal written by a mental health professional. For this letter to be valid in Ohio, it must meet certain requirements; otherwise, a landlord can legally reject your ESA. These requirements include:
- The mental health professional must be licensed to practice in Ohio
- You must have been diagnosed with a mental or emotional disorder
- An ESA must have been prescribed as part of your disability-related treatment plan
- The ESA letter must be in date (some landlords may require yearly renewal)
- The ESA letter must be printed on official letterhead
An ESA letter should also include your basic details alongside the practitioner’s license information and signature.
If you need to receive or renew an ESA letter, contact US Service Animals to book a telehealth appointment with a mental health professional licensed in your state.
When Can a Landlord Legally Reject an ESA in Ohio?
Typically, a landlord cannot legally reject an ESA in Ohio with a valid ESA letter under the Fair Housing Act. However, some housing is exempt from the FHA, and there are certain circumstances that provide grounds for legal rejection and requests for removal. This includes if the animal causes damage to the property or poses a threat to others.
As an ESA owner, you are responsible for ensuring your animal is well-behaved, housebroken, and doesn’t disrupt the safety and enjoyment of other tenants. However, you can rest assured that landlords who illegally reject your emotional support animal can be penalized through the Ohio legal system.