Landlord Responsibilities and Breed-Specific Denial
As a landlord in Minnesota, you play a crucial role in ensuring the safety and well-being of your tenants. One aspect of this is determining whether an emotional support animal (ESA) is allowed in your rental property. While some people may have preconceived notions about certain breeds, Minnesota law prohibits landlords from denying an ESA based solely on breed.
Breed-Specific Denial
Minnesota law does not allow landlords to deny an ESA based on breed stereotypes. According to the Minnesota Department of Human Rights, the only circumstances under which a landlord can deny an ESA are:
• If the animal is deemed “dangerous or likely to cause property damage” based on its behavior. • If the landlord has a legitimate reason for denying the ESA, such as the tenant’s inability to provide proper care for the animal. Landlords cannot use breed-specific stereotypes to deny an ESA. For example, if a tenant has a pitbull but the landlord is unwilling to rent to them solely because of the breed, that is a breach of Minnesota law.
Emotional Support Animals vs. Service Animals
It’s essential to understand the difference between emotional support animals and service animals. Emotional support animals assist with emotional regulation for people with conditions like depression or anxiety, while service animals are trained to perform specific tasks for people with disabilities.
Key Differences
• Emotional support animals are not protected under the Americans with Disabilities Act (ADA). • Service animals are protected under the ADA and are allowed in all public spaces. • Landlords cannot charge pet fees/rent for either service or emotional support animals.
Documenting Emotional Support Animals
To have an emotional support animal in Minnesota, tenants need to provide their landlord with documentation from a licensed professional. This documentation must come from a licensed professional who is not primarily employed to provide certification for emotional support or service animals.
Examples of Eligible Professionals
• A licensed therapist
• A licensed psychologist
• A licensed psychiatrist
• A veterinarian with a medical degree
Landlord Responsibilities and Tenant Rights
As a landlord, it’s essential to understand your responsibilities when it comes to emotional support animals. You must provide a safe and accessible living environment for your tenants, including allowing emotional support animals.
Tenant Rights
• Tenants have the right to have an emotional support animal in their rental property, as long as it’s not a threat to others. • Tenants are responsible for ensuring their emotional support animal is well-cared for and does not cause damage to the property. • Landlords must not charge pet fees/rent for emotional support animals.
Conclusion
In conclusion, as a landlord in Minnesota, you must understand the laws surrounding emotional support animals and their responsibilities in providing a safe and accessible living environment for your tenants. By following these guidelines, you can ensure that you are in compliance with Minnesota law and respecting the rights of your tenants.
Additional Resources}
If you have any further questions or concerns, please refer to the following resources:
• Minnesota Department of Human Rights Service and Emotional Support Animals in Housing
• Minnesota Department of Human Rights Service and Emotional Support Animals
• Minnesota Legislature 2024 Minnesota Statutes Sec 504B.113
References
• Minnesota Department of Human Rights Service and Emotional Support Animals in Housing
• Minnesota Department of Human Rights Service and Emotional Support Animals
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