Moving is a notoriously stressful process, and with a four-legged companion in tow, pet owners are often faced with even more challenges. While a no-pet policy can be discouraging, it doesn’t necessarily close the door on a new condo opportunity.
Enacted in 2020, Section 760.27 of the Florida Statutes amends the Fair Housing Act (FHA), explicitly stating what tenants and their current or prospective landlords or HOAs can and cannot do regarding an emotional support animal (ESA).
Here’s what to keep in mind when it comes to successfully finding housing in Florida with an ESA.
— What Is an Emotional Support Animal (ESA)?
An ESA is defined as an animal that does not require training to work, perform tasks, or provide therapeutic emotional support to alleviate one or more identified symptoms or effects caused by a person’s disability. As such, any animal species can be an ESA.
Emotional support animals are frequently confused with service animals, but it’s important to know the difference between them, as they differ greatly in their benefits and requirements.
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ESAs don’t need to be trained, while service animals require specific training for their designated tasks.
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Any species can be considered an ESA, while only dogs (and, in some cases, miniature horses) can be service animals.
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ESAs may be charged for cabin access on airplanes, while service animals must be accepted in the cabin at no extra charge.
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ESAs don’t have full public-access rights, but service animals do.
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ESAs are only protected under the FHA, while service animals are protected under both the FHA and the Americans with Disabilities Act (ADA).
— ESA Rules: What a Florida Landlord Can and Cannot Do
A Florida landlord cannot deny housing for a disability or disability-related need.
When applying for a condo or apartment, the 2020 ESA law strictly prohibits landlords from denying housing on the basis of the tenant’s disability or disability-related need if they own an ESA or acquire one in the future. Whether it’s a dog, cat, or another species, tenants have a right to move in with their pet if they possess the proper documentation.
Florida landlords cannot ask tenants to disclose their diagnosis or the severity of their disability.
Landlords cannot request specific information or medical records about the tenant’s diagnosis or its degree of severity. An ESA letter from a licensed health professional will suffice as evidence of an ESA’s validity and should be enough for a landlord or homeowner association (HOA) to allow the animal in the residence.
Landlords can ask for supporting evidence regarding ESAs.
There is room for landlords to request information from tenants with ESAs without crossing discrimination lines.
If the tenant’s disability isn’t apparent, they can request reliable information that reasonably supports that the person has one, whether it’s a determination of disability from any federal, state, or local government agency; a receipt of disability benefits or services; proof of eligibility for housing assistance or a housing voucher received because of a disability; or information from a healthcare practitioner.
They can also require proof of compliance with state and local requirements for the ESA’s licensing and vaccination. If tenants have more than one, landlords can also request information regarding the specific need for each animal.
In extreme instances, landlords or HOAs can deny an ESA if there is proof that the animal “poses a direct threat to the safety or health of others, or poses a direct threat of physical damage to the property of others, which cannot be reduced or eliminated by another reasonable accommodation.”
More precise information can be found on the Online Sunshine portal.
— Frequently Asked Questions About ESAs in Florida
Q: Does an ESA need to be trained?
A: No, ESAs do not require training.
Unlike service animals, the very presence of an ESA is enough to alleviate symptoms; this also means landlords and HOAs cannot request that an ESA be trained in special skills. However, it is still recommended for owners to train their pets for the sake of promoting good behavior and protecting them from harm.
Q: Can I be charged pet deposits or monthly fees for my ESA?
A: No, it is unlawful to request a pet deposit or monthly fees for an ESA.
Florida’s ESA law explicitly prohibits housing providers from charging any additional fees for ESAs, regardless of their existing pet policies.
Q: What kind of documentation for an ESA letter do I need?
A: Multiple forms of documentation are needed.
Here are the requirements for ESA owners per Florida law:
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Written documentation from any federal, state, or local government agency or specified healthcare practitioner (including telehealth providers and out-of-state healthcare practitioners who have provided services to the owner on at least one occasion) that establishes the owner’s emotional disability (listed in the Diagnostic and Statistical Manual of Mental Disorders) for which an ESA has been prescribed.
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Written documentation that establishes the need for an ESA, identifying the particular assistance or emotional support provided by the animal from any of the agencies, practitioners, or providers listed above.
Q: What are the requirements for an ESA letter?
A: An ESA letter must meet several requirements.
An ESA letter must state the following:
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The identified condition substantially limits the owner’s ability to participate in at least one major life activity.
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The professional evaluating the owner’s condition has determined that an ESA would help treat it or ease the owner’s symptoms.
Additionally:
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The ESA letter must be written on the therapist’s or licensed health professional’s official letterhead.
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The ESA letter should include the therapist’s or health professional’s license details, issue date, and state.
If the owner’s medical provider can meet all of the above requirements, a landlord or HOA cannot legally deny a tenant’s request to move in with their ESA.
Disclaimer: The new law creates a clause wherein disciplinary action will be taken against a healthcare practitioner’s license for providing supporting information or documentation for an ESA without having any personal knowledge of the person’s disability or disability-related need. As it is explicitly defined as a misdemeanor, the convicted person will need to perform 30 hours of community service per the court’s orders.
Q: Can I have more than one ESA?
A: Yes, tenants can have more than one ESA.
There is a caveat here, however, which is that the housing provider has the right to request information on the specific need being met or disability being addressed by each animal, along with proof of licensing and vaccination requirements.
— Conclusion
Florida Statutes Section 760.27 protects ESA owners under the Fair Housing Act from being discriminated against for their disability or disability-related needs. Conversely, it places responsibilities on owners to avoid fraudulently claiming ESAs.
We’re big animal lovers at Blackbook Properties and understand the love and care an ESA can provide. Our dedicated team of agents has over 20 years of experience in the local market and can help you find the perfect home and pet-friendly Miami neighborhood for you and your furry friend. Call, text, or email us to start the conversation.