New law regarding Emotional Support Animals into effect: The Dos and Don’ts of Landlords and Tenants/Buyers

Florida Legislature passed a bill affecting emotional-support animal guidance that came into effect July 1^st to combat bogus “online certificates”

If a prospective buyer or tenant has an ESA or, at any point time obtains an ESA, the housing provider may not discriminate on this basis. A person, i.e. a buyer or tenant, with a disability or disability-related need must be allowed to keep the animal in his or her dwelling as a reasonable accommodation in housing. Additionally, they cannot be charged extra for the animal. In other words, you cannot charge a pet fee/deposit for an ESA.

Note that a person with a disability or a disability-related need is still liable for any damage done to the premises or to another person on the premises by his or her ESA.

HOWEVER: Some sort of certificate or other online registration obtained via the internet, by itself, is insufficient to establish that the person has a) a disability or b) a disability-related need for an ESA.

So, what can a housing provider ask of a person with an ESA?

When a person’s disability isn’t readily apparent, a housing provider may request information to support the claim of a disability. This could come in various forms, i.e. receipt of disability benefits from the state or a letter from a treating health provider stating the person does in fact have a disability.

Second: establishing the need for an ESA

In establishing the need for an ESA, a housing provider may ask for evidence to show the need for the ESA itself. The law also states that if the person requests to keep more than one ESA, the housing provider can ask for information specific to each animal. This is in addition to being able to request proof of vaccinations.

Now let’s look at what cannot be done with regards to requesting information on ESAs: 

Specifically, the new law states that a housing provider may not request information that may disclose or reveal the actual diagnosis or severity of a person’s disability. Nor can any medical records be requested relating to that disability. If the person, i.e. tenant or buyer, chooses to provide this information, that is at the discretion of that individual.

For additional information go to Florida Statue 760.27