Florida Renters: Service Animals vs Emotional Support Animals

If you’re a renter in Florida and need a service animal or an emotional support animal (ESA), it’s important to know your rights and your landlord’s responsibilities. The laws that protect you are detailed and offer strong support for reasonable accommodations, but the rules for service animals differ from those for emotional support animals. This guide will help you understand the distinctions and what steps to take if you need an assistance animal where you live.

Understanding Service Animals and Emotional Support Animals

Florida law, along with federal law, provides different protections for service animals and emotional support animals. Here’s what you need to know:

What is a Service Animal?

• A service animal is typically a dog (or, in limited cases, a miniature horse) that is individually trained to perform tasks for a person with a disability. Examples: guiding the blind, alerting someone who is deaf, or retrieving items for someone with mobility issues.
• Protected under the Americans with Disabilities Act (ADA) and Florida Statutes Section 413.08.
• Landlords must allow service animals, even if they have a “no pets” policy, and cannot charge pet fees or deposits for them.

What is an Emotional Support Animal (ESA)?

• An ESA provides comfort and support for someone with a mental or emotional disability, but does not require specific task training.
• ESAs are protected under the Fair Housing Act (FHA) and Florida Statutes Section 760.27
• Landlords generally must make reasonable accommodations for ESAs, but can request documentation from a licensed health care provider.

In summary: All Florida renters with disabilities may request a reasonable accommodation for a service animal or ESA, but documentation rules differ and misuse of ESA rules is taken seriously under state law.

How to Request a Support Animal Accommodation

If you need a service animal or ESA, Florida law allows you to submit a written request to your landlord or property manager. The request does not have to use specific language, but should state that you need reasonable accommodation for a disability.

Required Documentation

• Service Animals: Your landlord may only ask two questions: (1) Is the animal required because of a disability? (2) What work or task has the animal been trained to perform? No proof of training or medical paperwork can be required.
• Emotional Support Animals: The landlord may request reliable documentation from a licensed health care provider confirming you have a disability-related need for the animal. Florida law prohibits fraudulent ESA documentation.

Official Forms: What to Know

• Reasonable Accommodation Request Form: While Florida does not issue a statewide, official form, the U.S. Department of Housing and Urban Development (HUD) provides a Joint Statement on Reasonable Accommodations with sample language. Simply write a dated, signed letter explaining your need, or use local public housing authority forms if available.
• Medical Provider Documentation: For ESAs, a letter from your treating provider (e.g., physician, psychologist) on official letterhead is the standard. It should confirm a disability and the disability-related need for the animal. Florida Statute 760.27 describes the acceptable documentation and states requirements to prevent fraudulent requests. Read the law here.

Limitations: Landlord Rights and Tenant Responsibilities

While you are entitled to request an accommodation, landlords can deny requests if:

• The animal poses a direct threat to others or property (not based on breed or size, but actual behavior), or
• Allowing the animal would create an undue financial or administrative burden
• For ESAs, the documentation does not meet legal requirements or appears fraudulent under Florida Statute 760.27

As a renter, you are responsible for the animal’s behavior, hygiene, and any actual damage caused to the rental property.

If Your Request is Denied: Next Steps

If your landlord refuses a reasonable request or treats you unfairly due to your disability or need for a support animal, you have the right to file a complaint.

• Contact the Florida Commission on Human Relations (FCHR), which oversees housing discrimination complaints in Florida.
• Use the Housing Discrimination Complaint Form. File within one year of the alleged discrimination.
• The U.S. Department of Housing and Urban Development (HUD) also accepts online complaints regarding housing discrimination, including denial of reasonable accommodations.

After you file, the FCHR or HUD will investigate. You may be asked for documentation, communications with your landlord, and may go through mediation or a hearing if needed.

Relevant Florida Tenancy Legislation

• Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83)
• Florida Statutes Section 760.27: Emotional Support Animals
• Florida Statutes Section 413.08: Rights and privileges regarding service animals

FAQ: Service Animals and ESAs for Florida Renters

1. Can my landlord ask for documentation for a service animal?
   Generally, your landlord can only ask if your service animal is needed due to a disability and what tasks it performs. No medical paperwork or proof of training is required for a service animal.
2. Can my landlord charge a pet deposit or pet rent for my ESA or service animal?
   No. Under Florida and federal law, landlords cannot charge pet deposits, pet fees, or increased rent for service animals or ESAs that are approved as reasonable accommodations.
3. What qualifies as reliable documentation for an ESA in Florida?
   A letter from your licensed health care provider that states you have a disability and require the animal for disability-related assistance. Online purchased certificates or ID cards with no professional evaluation are not sufficient and may violate Florida law.
4. Can a landlord deny my animal if it behaves aggressively or causes damage?
   Yes. Landlords are allowed to deny or remove a support animal that poses a direct threat to other tenants or causes substantial property damage.
5. Where can I file a complaint if my request is denied?
   The correct body is the Florida Commission on Human Relations, which handles housing discrimination cases statewide.

Conclusion: Know Your Rights and Take Action

• Service animals and emotional support animals have different legal protections, but both can be requested as reasonable accommodations by Florida renters.
• Service animals require no extra paperwork beyond a simple confirmation; ESAs require a letter from a licensed provider.
• If you’re denied, you can file a complaint with the FCHR or HUD for investigation and support.

Understanding the rules helps ensure fair housing access for all. Don’t hesitate to ask questions or seek support if you face challenges with your request.

Need Help? Resources for Renters

• Florida Commission on Human Relations (FCHR) – For filing housing discrimination complaints and getting support.
• HUD: Reasonable Accommodations and Modifications – Federal guidance for tenants with disabilities.
• Florida Housing Finance Corporation – Rental housing assistance, advocacy, and tenant resources.
• Florida Residential Landlord and Tenant Act – Official legislation text for tenant protections.

---

1. Florida Statutes Section 413.08: Service Animals
2. Florida Statutes Section 760.27: Emotional Support Animals
3. HUD Reasonable Accommodations Guidance
4. Florida Commission on Human Relations (FCHR)
5. Florida Residential Landlord and Tenant Act

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations