Service Animals and Emotional Support Animals: Kansas Renters’ Rights

Understanding your rights as a renter in Kansas when it comes to service animals and emotional support animals can protect your housing stability. If you or a household member need an assistance animal, knowing the differences between these classifications—and the legal obligations of landlords—can help you request appropriate accommodations and avoid housing discrimination.

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

In Kansas, both service animals and emotional support animals offer important support, but they are treated differently under the law:

• Service Animals are dogs (or sometimes miniature horses) trained to perform specific tasks for someone with a disability, such as guiding a person with vision loss or alerting someone to a seizure. They are protected under the federal Americans with Disabilities Act (ADA) and the Federal Fair Housing Act (FHA).
• Emotional Support Animals (ESAs) provide comfort and support to individuals with a mental health-related disability, but do not require special training. ESAs are not considered service animals under the ADA but are protected under the Federal Fair Housing Act and Kansas law in housing situations.

Generally, both types of animals can be requested as a reasonable accommodation from your landlord, even if your building has a “no pets” policy.¹

Legal Protections for Kansas Renters

As a renter in Kansas, your rights are mainly covered by federal law, but the state Kansas Residential Landlord and Tenant Act provides additional protections.²

• Landlords may not refuse to rent or charge extra fees because you have a service animal or ESA, as these are not considered pets.
• Landlords cannot require pet deposits or additional rent for assistance animals.
• You may be asked for documentation (such as a letter from a healthcare provider) to support your need for an ESA, but landlords cannot require extensive or intrusive medical records.

Requesting an Accommodation in Kansas

To request that a landlord allow your service animal or ESA, you may need to submit a reasonable accommodation request.

• Make your request in writing for a clear record.
• For ESAs, include a letter from your medical provider indicating your disability and need for the animal. Kansas does not have a specific state form, but following HUD’s guidance is recommended.

Relevant Forms and How to Use Them

• HUD Reasonable Accommodation Request Form (Sample)
  This unofficial form can be used to request a service animal or ESA. While Kansas does not mandate a specific form, templates based on HUD guidance are widely accepted.
  Example: If you need an emotional support animal, write your landlord a letter stating your request and attach support from a healthcare professional. HUD’s joint statement on reasonable accommodations provides guidance.

If your landlord refuses your request, you may file a housing discrimination complaint with the Kansas Human Rights Commission (KHRC), which handles residential tenancy discrimination disputes in Kansas.

Your Rights and Responsibilities

While landlords have a duty to accommodate, there are limits:

• Your animal must not pose a direct threat to others or cause significant property damage.
• You are responsible for cleaning up after your animal and ensuring it behaves appropriately.

FAQ: Service Animals and Emotional Support Animals in Kansas

1. Can my landlord in Kansas charge a pet fee or deposit for my service animal?
   No. Service animals and emotional support animals are not pets under the law, so landlords cannot charge pet fees or deposits for them.
2. What kind of documentation do I need to provide for an emotional support animal?
   Typically, a letter from a licensed healthcare provider confirming your disability-related need for the animal is sufficient. You do not need to share your detailed medical records.
3. What should I do if my landlord denies my request for a reasonable accommodation?
   Document the denial and file a complaint with the Kansas Human Rights Commission or HUD.
4. Can a landlord evict me for having an assistance animal in Kansas?
   No, as long as your animal is approved as a reasonable accommodation and you meet your legal responsibilities as a tenant.
5. Are there any restrictions on the type of animal allowed as an ESA?
   Generally, ESAs must be animals commonly kept in households. Unusual animals may be denied if they pose a direct threat or significant property damage.

Key Takeaways for Kansas Renters

• Service animals and emotional support animals are protected in Kansas rental housing under state and federal law.
• Landlords cannot charge fees or deny housing because of a legitimate assistance animal.
• Make reasonable accommodation requests in writing and keep records of communications.

Need Help? Resources for Renters

• Kansas Human Rights Commission – Housing Discrimination Filing (handles residential tenancy disputes in Kansas)
• HUD Fair Housing Complaint Portal
• Kansas Residential Landlord and Tenant Act (state rental law details)

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1. See the HUD Notice FHEO-2020-01 on Assistance Animals.
2. Refer to the official Kansas Residential Landlord and Tenant Act.

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