What is Fair Housing Act – 1988

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What is the Fair Housing Act?

Fair housing act forbade any discrimination in dealing with housing. This housing act considers every renting space, like apartments, house a portion, etc. According to the act, every race, skin color, gender, nationality, disability are the same. Moreover, the law is for children and no of children. As well as any other characteristic which can be the reason for the difference.

On April 11, 1968, President Johnson signed the Fair Housing Act, which now prohibits housing discrimination because of race, color, religion, national origin, sex, familial status or disability.

How it Protect ESA

This fair housing Act is also for a mentally disordered person. This is a federal law according to which any such person who has mental or physical disability can`t be rejected because he wants to keep animal for support. However, that animal should be certified, and the owner should have a proper letter defining his disorder and requirement to keep ESA. This law makes property manager make a reasonable place of ESA.

Where is Law not applicable?

Well, there are a few situations where this law is not applicable.

1-In such situation where a part of the house is rented out

2-it is rented out without any agent.

3-Where animal is too large to fit in accommodation.

Document Required for Living with ESA

According to FHA, one has to present an ESA letter. A landlord may or may not ask for it. The letter states that one is medically in need of this ESA. That letter should be from some authentic and licensed Doctor. After getting this letter, you should get a certificate for your animal too. That letter should be on the doctor`s letterhead. Some apartment managers also require an additional form to be filled by the therapist. That letter can be obtained online.

Apply for an ESA Letter now

Landlord Has No Right To Ask:

There is some protection provided to ESA owner after showing ESA letter. According to this letter, the landlord can`t

  •  Ask for extra training of the animal.
  •  Ask you to register your Animal
  •  Ask for extra rent or cash in any form
  •  Ask you to disclose a disability

Well, this doesn’t protect patient to pay the amount for any damage caused by ESA. The owner can dislodge the patient for any misbehavior of ESA.

What if Owner rejects to let you in with ESA?

Surely you are protected with ESA, and your tenant can`t reject you because of ESA. So if he does so then, you can legally take these steps.

1-First and foremost, you should inform him about Fair Housing Act 1998.

2-Even then if you don’t listen, you can report. You can report an official complaint. You can report complaint to the US Justice Department.

3-You can even Sue owner for this act.

Responsibilities of ESA owner

In Fair Housing Authority, there are protections for the patient, but there are some responsibilities of ESA owner.

The topmost is about FAKE ESA letter. One can`t go for fake ESA letter if he does so he has to pay the penalty and may be in prison for it. Fine can be $300 or some community service.

You should also train your ESA well enough to live and behave. Remember if your ESA is the cause of the problem for your tenant he is legally allowed to ask you to leave his space. So for a better experience, you should keep him with you and don`t let him create a mess for the owner. Your ESA letter is for one year. After completing one year, you have to renew it for the next year. Remember, not every doctor can issue this letter, so take it from an authentic and nominated one.

There are set of rules and regulations regarding disease and also regarding pets. Here it is important to note that not all animals can be ESA. Pets are different from ESA. The owner can charge for pet living with the owner; however, he can`t charge for ESA. Usually, ESAs are dogs, but in some cases, they are cats and birds too.