Assistance Animals Including ESA and Service Animals

MN Department of Human Rights

The MN Department of Human Rights provides guidance on what landlords may do in relation to tenants with a disability. From MDHR notes on Service and Emotional Support Animals:

Landlords may not discriminate against tenants on the basis of disability.

Landlords must allow tenants and their guests to take service animals any place that tenants and guests are normally allowed to go.

Landlords must also consider reasonable accommodation requests to allow an emotional support animal.

The landlord may not limit the size or breed of a service animal or emotional support animal. A landlord may not charge a pet deposit for a service animal or emotional support animal that has been permitted by a reasonable accommodation, but may require a person to pay for damage caused by the animal, provided that all tenants are required to pay for damages they cause.

The Office of Fair Housing and Equal Opportunity

The Fair Housing Act provides protections for people living in rented housing. Please refer to notes from the Office of Fair Housing and Equal Opportunity (FHEO) on Assistance Animals:

Obligations of Housing Providers

Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions.

Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

The Fair Housing Act requires a housing provider to allow a reasonable accommodation involving an assistance animal in situations that meet all the following conditions:

  • A request was made to the housing provider by or for a person with a disability
  • The request was supported by reliable disability-related information, if the disability and the disability-related need for the animal were not apparent and the housing provider requested such information, and
  • The housing provider has not demonstrated that:
    • Granting the request would impose an undue financial and administrative burden on the housing provider
    • The request would fundamentally alter the essential nature of the housing provider’s operations
    • The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
    • The request would not result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage

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Filing a Complaint

If you believe you have been unlawfully denied a reasonable accommodation for an assistance animal or have otherwise experienced discrimination in housing, you can file a complaint with FHEO.

For full text and more information, please see FHEO notes on Assistance Animals.