Certain individual landlords are exempt from federal Emotional Support Animal (ESA) laws, which fall under the Fair Housing Act, not the Americans with Disabilities Act (ADA). Specifically, this exemption applies to individual landlords who own three or fewer single-family homes and rent them out without the use of a real estate broker or similar professional assistance.
Understanding the Exemption
Federal Fair Housing laws mandate that landlords generally provide reasonable accommodations for tenants with disabilities, including allowing emotional support animals, even in properties with "no pet" policies. However, there's a specific, limited exemption for smaller-scale, non-professional landlords.
Who Qualifies for the Exemption?
To be exempt from these federal ESA provisions, an individual landlord must meet very specific criteria related to the number of properties owned and the method of renting them out.
- Property Ownership Limit: The landlord must own a total of three or fewer single-family homes. This total includes their primary residence and any rental properties.
- Example: A landlord who lives in one single-family home and rents out two other single-family homes would meet this criterion (1 residence SFH + 2 rental SFH = 3 total SFH).
- No Broker or Agent Involvement: The landlord must rent or lease out these properties without the use of a real estate broker, agent, or similar professional service. This implies a direct landlord-tenant relationship without third-party assistance in the rental process.
Key Conditions for Exemption
For clarity, here's a summary of the conditions for this specific federal exemption:
| Condition | Description |
|---|---|
| Type of Landlord | Individual landlord, not a corporation or large entity. |
| Number of Properties | Owns a total of three or fewer single-family homes (including primary residence). |
| Rental Method | Rents or leases out properties directly, without a broker or agent. |
Important Considerations
It is crucial for landlords to understand that this is a federal exemption under the Fair Housing Act. State and local laws can sometimes offer broader protections for tenants or have different, potentially stricter, requirements regarding ESAs. Landlords should always consult local regulations to ensure full compliance. Additionally, this exemption typically applies to certain aspects of the Fair Housing Act but does not excuse landlords from other non-discrimination laws or general housing safety standards.
Landlords who do not meet all of the above criteria are generally expected to comply with federal Fair Housing Act requirements regarding reasonable accommodations for ESAs.
