Georgia Renters: Rights for Service Animals & ESAs

Understanding your rights as a renter with a disability is essential, especially if you rely on a service animal or emotional support animal (ESA) in Georgia. Federal and state laws provide important protections—but there are key differences in how landlords must respond to service animals versus ESAs. Knowing these differences can help you secure the accommodations you need in your rental home—and avoid unnecessary conflict with your landlord.

Service Animals and Emotional Support Animals: What's the Difference?

While both types of animals offer essential help, Georgia and federal laws distinguish between service animals and emotional support animals. Recognizing the difference can help you know what your landlord can (and cannot) require.

• Service Animal: Trained to perform specific tasks directly related to a person’s disability (like guiding someone who is blind or alerting someone with epilepsy).
• Emotional Support Animal (ESA): Offers comfort to people with certain disabilities but does not require special training.

In housing, both service animals and ESAs can be protected—but they are treated differently under Georgia and federal law.^[1]

Your Rights Under Federal and Georgia Law

Georgia renters benefit from both federal and state protections. Most apartment complexes and landlords must follow:

• The Fair Housing Act (FHA), which prohibits discrimination based on disability and requires reasonable accommodations for assistance animals (including ESAs).
• Georgia’s Landlord-Tenant Act, which aligns with federal accommodation requirements, but does not add additional requirements for service animals or ESAs.

The Georgia Commission on Equal Opportunity investigates housing discrimination if a renter’s rights are violated.

Key Protections for Renters with Assistance Animals

• Landlords cannot charge pet deposits or pet rent for service animals or ESAs.
• Your landlord cannot refuse to rent or impose different rules because you use a service animal or ESA.
• You must have a disability-related need for the animal. For ESAs, you may need a letter from a qualified healthcare provider.

If your request for an assistance animal is denied, you can file a discrimination complaint for review by the Georgia Commission on Equal Opportunity.

How to Request a Service Animal or ESA Accommodation in Georgia

To get approval for your assistance animal, follow these important steps:

• Service Animals: You may only need to state that you have a disability and require the animal; landlords cannot ask for details about your disability or demand documentation of the animal's training.
• Emotional Support Animals: Be prepared to provide documentation—usually a letter from a licensed mental health provider or physician—confirming your disability and the need for the ESA.

Useful Georgia Forms for Accommodation Requests

• Reasonable Accommodation Request Form
  Form Use: Use this if your landlord asks for a formal request or to have a written record.
  How to Use: Complete and submit to your landlord outlining your need for an assistance animal. Attach your provider’s letter (for ESAs).
  Download the HUD Reasonable Accommodation Request Sample Letter
• Georgia Fair Housing Complaint Form
  Form Number: None (Online submission form).
  Form Use: If your accommodation is denied, file this to start an investigation.
  How to Use: Complete online at the Georgia Commission on Equal Opportunity website. You can file if you believe you’ve faced illegal discrimination.
  File Housing Discrimination Complaint (GCEO)

You do not have to use these exact forms, but they ensure your request is clearly documented—and can protect your rights if you need to file a complaint later.

Limits: What Landlords Can and Cannot Do

Landlords must make reasonable accommodations, but there are still limits:

• They can refuse animals that pose a direct threat to safety, cause major property damage, or if the animal is out of control.
• They cannot require extra deposits or ban certain breeds just because it’s an assistance animal (unless it poses a real risk).
• They can require you to clean up after your animal and follow typical pet-related rules (as long as they’re reasonable).

Georgia's Tenancy Tribunal and Key Legislation

In Georgia, housing complaints are handled by the Georgia Commission on Equal Opportunity (GCEO). For legal matters between landlord and tenant, local courts have jurisdiction. Tenancy rights are governed by Official Code of Georgia Annotated (O.C.G.A.), Title 44, Chapter 7 - Landlord and Tenant.^[2]

FAQs for Georgia Renters: Service & Emotional Support Animals

1. Can my landlord require a pet deposit for my service animal or ESA?
   No. Under the Fair Housing Act and Georgia law, landlords cannot require pet deposits or monthly pet fees for assistance animals required due to a disability.
2. What documentation do I need for an emotional support animal?
   Typically, a signed letter from a licensed healthcare provider stating your need for the ESA because of a disability. Your landlord can request this, but cannot ask for your detailed medical records.
3. Can a landlord ever refuse an assistance animal?
   Yes, but only if the animal poses a direct threat to safety or causes significant property damage that cannot be reduced by reasonable steps.
4. What should I do if my landlord denies my request for an assistance animal?
   You can file a complaint with the Georgia Commission on Equal Opportunity and/or with HUD. Save all written communication as evidence.
5. Are there breed or size restrictions for assistance animals in Georgia rentals?
   No. Landlords cannot impose breed or size restrictions on assistance animals if they’re needed due to a disability, unless a specific animal poses a direct health or safety risk.

Key Takeaways for Georgia Renters

• Assistance animals are protected under federal and Georgia law, but there are important differences between service animals and ESAs.
• Landlords cannot charge additional fees or restrict assistance animals based on breed or size.
• If your accommodation request is denied, you can file a complaint with the GCEO or HUD.

Need Help? Resources for Renters

• Georgia Commission on Equal Opportunity (GCEO) – File housing discrimination complaints and get information about your fair housing rights.
• U.S. Department of Housing and Urban Development (HUD) Fair Housing Office – National guidance and complaint filing for disability accommodation issues.
• Fair Housing Act Overview (DOJ/Civil Rights Division) – Learn about your rights under federal fair housing law.
• Georgia Advocacy Office – Support and legal information for Georgians with disabilities.

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1. Official HUD Guidance: Assessing a Person's Request to Have an Animal as a Reasonable Accommodation
2. Official Code of Georgia Annotated (O.C.G.A.), Title 44, Chapter 7 - Landlord and Tenant

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