Question
I'm a live-in caregiver for my ex-wife and we're living in a government subsidized apartment. We're both elderly and both have emotional support cats with papers from our doctors. The landlord just told me after living here a year with an ESA that I have to get rid of mine. Is this true?
Kentucky, USA
Answer
The Federal Fair Housing Act requires a landlord to make "reasonable accommodations in rules, policies, practices, or services" when necessary to allow a person with a disability an equal opportunity to use and enjoy a dwelling. The law has been interpreted to include emotional support animals. The Fair Housing Act applies to most housing. Kentucky also has a law recognizing assistance animals to include “an emotional support animal that provides support to alleviate one or more identified symptoms or effects of a person’s disability.”
These laws do not limit the number of emotional support animals allowed in a housing unit.
The Fair Housing Act also states that it is illegal:
To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of—
(A) that buyer or renter,
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer or renter.
Therefore, the law is not just applicable to the renter. It can apply to a caretaker residing with the renter.
People who believe they are being discriminated against in housing based on the keeping of assistance animals can make a complaint with the Kentucky Commission on Human Rights and the federal Department of Housing and Urban Development (HUD). Disability and legal services organizations may also provide assistance.
Although HUD recently withdrew its guidance to landlords regarding assistance animals, this withdrawal should not be viewed as removing rights of individuals with assistance animals.
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