![]() On the state level, Wisconsin law now defines an "Emotional Support Animal" as one who gives “emotional support, well-being, comfort, or companionship” to a person with a disability. However, the ADA also says that "emotional support animals that do not qualify as service animals under the Department’s title III regulations may nevertheless qualify as permitted reasonable accommodations for persons with disabilities under the Fair Housing Act and the ACAA." The Fair Housing Act, which addresses "reasonable accommodations" in rental housing, is available here. The Americans with Disabilities Act gives specific guidelines for what are and are not "service animals" and some people mistakenly believe that only service animals are protected. ![]() (This must be the specific animal in question, and not based on beliefs about behavior from that breed, size, etc.) If that specific animal has aggressively threatened someone.If the landlord lives in the unit, and they or a member of their immediate family have an allergy to the animal.There are two exceptions, when a landlord can deny a service or companion animal: For more information from HUD on this, click here. Landlords may not apply other "pet policy" rules like breed or weight restrictions to service or emotional support animals.Landlords may not charge the tenant extra "pet" rent or "pet" security deposit for a service or emotional support animal.Landlords may not prohibit a service animal or emotional support animal from living in the unit.Federal Lawsīecause federal fair housing laws require landlords to allow reasonable accommodations for tenants with disabilities, the following apply: A service animal or emotional support animal should not be considered a "pet." They should be treated, from the landlord's perspective, like a piece of medical equipment. This is a special situation where the landlord's pet policy does not apply. What if I have a disability and depend on a service animal, or emotional support (companion) animal? Also, some tenants' "pets" might actually be service or companion animals, which have different applicable rules. It is not illegal for a landlord to discriminate against certain animals or breeds, as long as they are doing it for everyone. The landlord may give pet permission to some tenants and not others as long as they do not discriminate against certain tenants because of membership in a protected class, such as race, religion, sex, etc., or do it in retaliation against a tenant for enforcing their rights. If one tenant has a pet, does the landlord have to allow everyone to have pets? ![]() Being evicted makes it hard to find housing, can affect your credit, and does not relieve you from paying rent unless the landlord finds someone new to move in or your lease ends. For more information, please see Eviction. The type of notice the landlord can give you, and whether you have a chance to get rid of the pet and avoid an eviction, will depend on several factors. You could be evicted if it is prohibited in your lease. ![]() What can happen if I get a pet without permission? If you're looking for a new apartment, make sure that you have permission in writing to have a pet. (From our blog: make sure to Assert the Rights You Have and Get It In Writing) ![]() If your landlord refuses to allow you to have a pet, wait until you move to a pet-friendly apartment. Make sure both you and your landlord initial and date the change. Your landlord may just add a clause or an addendum to your lease. If your lease requires permission to have a pet or to add a pet, make sure you get permission from your landlord in writing and keep a copy for your records. Probably! If you are currently in a lease, check your lease before you get a pet. ![]()
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