As an expert in landlord-tenant law, I can provide you with a detailed answer to your question about whether a landlord can deny an emotional support animal in Indiana.
In Indiana, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing them to have emotional support animals. The Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) protect the rights of individuals with disabilities, including those who rely on emotional support animals for their well-being.
Under the FHA, a landlord cannot deny a reasonable accommodation request for an emotional support animal unless the presence of the animal would cause undue financial or administrative burden, or if the animal poses a direct threat to the health or safety of others. It’s important to note that the definition of a disability under the FHA is broad and includes both physical and mental impairments that substantially limit one or more major life activities.
However, a landlord can deny an emotional support animal if it causes actual harm or poses a direct threat to the property or other residents. For example, if the animal has a history of aggressive behavior or if it damages the property beyond normal wear and tear, the landlord may have grounds to deny the accommodation request.
It’s worth mentioning that emotional support animals are different from service animals. While service animals are trained to perform specific tasks to assist individuals with disabilities, emotional support animals provide comfort and support through their presence. Both, however, are protected under the FHA and ADA.
To request a reasonable accommodation for an emotional support animal in Indiana, you should provide your landlord with a written letter from a qualified healthcare professional stating that you have a disability and that the emotional support animal is necessary to alleviate symptoms or provide support. This letter should include information about the professional’s credentials and contact information.
It’s important to approach the conversation with your landlord in a respectful and cooperative manner. Explain the importance of having an emotional support animal and how it helps you manage your disability. Provide any additional information or documentation that may help support your request.
If your landlord denies your reasonable accommodation request without valid grounds, you may consider filing a complaint with the U.S. Department of Housing and Urban Development (HUD) or seeking legal advice. It’s always a good idea to consult with an attorney who specializes in landlord-tenant law to understand your rights and options.
While a landlord in Indiana generally must honor a reasonable accommodation request for an emotional support animal, there are circumstances in which they may be able to deny the request. The key is to demonstrate that the animal does not pose a direct threat and that the accommodation is necessary to manage your disability.