Courtesy of: MAR Legal Team

Questions surrounding Emotional Support Animals (ESAs) have been prominent on the GBAR and MAR legal hotlines, and often landlords turn to their REALTORS® for advice on how to properly approach their tenants. Most often, landlords ask:  "What can I do if I'm receiving noise complaint calls about their tenant's emotional support?" Here is how you can reply:

Both emotional support animals (ESAs) and service animals qualify as assistance animals under the Fair Housing Act. Tenants are responsible for keeping their animals under control and for adhering to all applicable laws, regulations, and policies. This includes dog licensing, leash requirements, cleaning up after their animals, and avoiding noise disturbances. If an issue arises, the landlord should address it in the same way they would handle any non-disability-related matter, ensuring a non-discriminatory approach. For example, a landlord would deal with a complaint about a barking service dog in the same manner as a noise complaint about loud music. If addressing the issue requires training the animal, the tenant should be given additional time to address the concern. 

Want to learn more about how to navigate a variety of landlord/tenant issues?

As a professional in this field, you’ll help both landlords and tenants navigate a variety of legalities and processes—while managing significant risks and responsibilities.

Check out GBAR's Rentals the Right Way: Master the Art of Assisting Landlords and Tenants webinar course on March 18, 19 & 20. This updated and expanded program is designed to equip you with the essential knowledge and skills needed to confidently assist landlords and tenants in successfully completing rental transactions, and offers 6 CE credits including the new mandatory Fair Housing Training. Are you prepared to take on the challenge and reap the rewards? Register here!