Disability Rights Center - NH
Emotional Support Animals
in “No Pet” Housing
Disability Rights Center
- NH is dedicated to
eliminating barriers
existing in New
Hampshire to the full
and equal enjoyment of
civil and other legal
rights by people with
disabilities.
Protection and
Advocacy
System for New
Hampshire
Phone: 603-228-0432 or
1-800-834-1721 (v/TTY)
Fax: 603-225-2077
www.drcnh.org
64 North Main Street,
Suite 2, 3rd Floor
Concord, NH 03301
Disability Rights Center -
NH
The Fair Housing Amendments
Act of 1988 and New Hampshire
Human Rights laws (RSA 354-A)
protect the rights of people with
disabilities to have emotional
support animals in their
apartments, even when the
landlord has a “no pets” policy.
Under the law, emotional support
and service animals are not "pets,"
but rather are considered to be
more like assistive aids such as
hearing aids and wheelchairs. In
most apartment complexes, the
landlord must allow you to have an
emotional support animal IF:
You are a person with a
disability;
You need the animal to ease the
symptoms of your disability or to
provide a service to you. There
must be a relationship between
your ability to function and the
assistance your animal provides
for you. The animal must be
necessary to perform a service
or task, such as easing
symptoms, in order for you to
use and enjoy your home.
Not everyone with a disability is
entitled to have an animal living
with him/her. You need to be able
to prove that you have a disability
and that the accommodation is
necessary. When you ask for a
reasonable accommodation, you
may need to provide
documentation from a medical
professional to support your
request.
Some housing is exempt from the
law, including owner-occupied
housing with a maximum of three
units, a private club that provides
lodging to its members, and
certain other housing (see
http://www.gencourt.state.nh.us/rs
a/html/XXXI/354-A/354-A-13.htm).
This brochure is not
meant to be legal advice.
For specific legal advice,
consult an attorney.
What is a reasonable accommodation?
A reasonable accommodation means making
a change in rules, policies, practices, or
services, when it is necessary to give a
person with a disability equal access or
opportunity to use and enjoy housing. The
landlord must provide the accommodation
unless it causes an undue financial or
administrative burden, or fundamentally
alters the nature of the housing. An example
of a fundamental alteration that a landlord
would NOT be required to provide would be
to provide transportation, pet sitting, or social
services when the landlord did not provide
these to other tenants. It would be hard for
the landlord to prove that allowing an animal
was an undue burden or fundamental
alteration, because existing housing (HUD)
regulations specifically state that allowing a
service animal does NOT constitute an
undue burden. Federal courts have also
found that having an animal is not an undue
burden on a landlord.
What if my animal causes a problem?
You are responsible for your animal including
cleaning up after it and making sure it is not a
nuisance to other tenants. If your animal
causes damage, you may be responsible for
the costs of cleaning or repair; and your
landlord may be able to refuse to allow the
animal on the property. If your animal is
disruptive to other tenants, or is a direct
threat to anyone, the landlord may be
justified in refusing to allow the animal or in
taking steps to evict you.
Can the landlord require an additional
deposit?
No. The landlord cannot require you to
pay an additional deposit as a condition
to allowing you to have the animal, even
if deposits are required for other pets.
How do I request an exception to the
landlord's no pet rule?
If you need an emotional support animal
to ease the symptoms of your disability,
you should make a written request to the
landlord or manager for a reasonable
accommodation. The request should
state that you have a disability and
explain that the requested
accommodation is necessary to ease
your symptoms or to provide you with a
service to enable you to use and enjoy
your dwelling. You should include a note
from your doctor, psychiatrist, social
worker, or other mental health
professional, verifying the need for the
support animal. You do not have to
disclose the details of your disability or
medical history.
The landlord can ask you for evidence
that you need an emotional support
animal, such as the letter from your
doctor, but you do not have to provide
proof of your animal’s training or
certification. For a sample letter your
doctor can use to show you need an
emotional support animal, go to:
www.drcnh.org/serviceanimals.html.
Emotional Support Animals in “no Pet”
Housing
www.drcnh.org
Rev. 9-14
