Service and Emotional Support Animals: Kentucky Renters’ Rights

Renters in Kentucky often have questions about their rights when it comes to service animals and emotional support animals (ESAs). This guide explains the difference between service animals and ESAs under Kentucky law and federal protections, details landlord obligations, and shows how renters can request accommodation. Clear rules help renters advocate for themselves and build cooperative relationships with landlords.

Understanding the Difference: Service Animals and Emotional Support Animals

Both service animals and emotional support animals provide important aid, but the law treats them differently:

• Service Animals are individually trained to perform specific tasks for a person with a disability. Only dogs (and in some cases miniature horses) qualify under the Americans with Disabilities Act (ADA).
• Emotional Support Animals (ESAs) offer comfort by their presence and are not required to have specialized training. ESAs can be dogs, cats, or other animals.

Under Kentucky law, both may be requested as reasonable accommodations in housing, but the supporting documentation and rights differ. Service animals are protected primarily under the ADA and the Fair Housing Act (FHA), while ESAs are covered only by the FHA¹.

Your Rights as a Kentucky Renter

State and federal law prohibit landlords from refusing to rent or imposing pet fees or rules on qualified tenants with a disability who need a service animal or ESA. Requests must relate to a medically documented disability.

Key Protections:

• Service animals are allowed wherever tenants can go, even in no-pet housing.
• Landlords may not require pet deposits or extra rent for service animals and ESAs.
• Reasonable accommodation must be provided unless it would cause undue hardship for the landlord.

The main law regulating Kentucky rental housing is the Kentucky Revised Statutes (KRS) Chapter 383 – Landlord and Tenant Act².

Requesting an Accommodation: Essential Steps

To request a service animal or ESA accommodation in Kentucky housing:

• Submit a written accommodation request to your landlord, stating your disability and need for the animal. For ESAs, include a letter from a licensed healthcare provider (physician, therapist, psychiatrist).
• Landlords may ask for documentation for ESAs, but not for service animals except to confirm the animal is needed for a disability-related reason.

If a landlord refuses the request, you may file a complaint with HUD or seek support from Kentucky legal aid organizations.

Official Forms and Complaint Actions

• HUD Form 903.1 – Housing Discrimination Complaint Form: Use this to file complaints if a landlord denies an accommodation for a service animal or ESA. Available from HUD’s online complaint page. For example, if your landlord rejects your ESA after you provide documentation, you can file this form with HUD.

Kentucky does not have a specific state form for accommodation requests, so follow HUD guidance. Keep copies of all correspondence for your records.

Which Tribunal Handles Rental Disputes?

Kentucky does not have a specific residential tenancy tribunal, but the Kentucky District Courts handle landlord-tenant matters, including cases related to housing rights and reasonable accommodations³.

FAQ: Renters’ Questions About Service and ESA Rights

1. Can a Kentucky landlord ever refuse a service animal or ESA?
   A landlord can only refuse if the animal poses a direct threat to health or safety, causes significant property damage, or accommodation would create an undue burden. Otherwise, refusal is illegal.
2. Does my ESA letter need to come from a specific type of provider?
   Yes, your ESA documentation must come from a licensed healthcare provider, such as a therapist, doctor, or psychiatrist.
3. Can a landlord charge extra rent or a pet deposit for my service animal or ESA?
   No. Landlords cannot charge additional deposits, rent, or fees for service animals or ESAs.
4. What should I do if my accommodation request is denied?
   You can file a complaint with HUD using Form 903.1, or pursue your case through Kentucky District Courts.
5. Are there limits on the type or number of ESAs allowed?
   A landlord may limit the number or type of animals if it would be unreasonable, but must consider requests individually.

Conclusion: Key Takeaways for Kentucky Renters

• Service animals and ESAs have different legal definitions and rights, but both are protected in rental housing with proper documentation.
• Landlords cannot charge extra fees or deny housing unless there’s a valid legal reason.
• Use HUD Form 903.1 to file complaints, and keep copies of all documentation.

Understanding your rights empowers you to seek fair treatment while respecting landlord responsibilities.

Need Help? Resources for Renters

• HUD Fair Housing Online Complaint Portal (Form 903.1)
• Kentucky Revised Statutes Chapter 383 – Landlord and Tenant Act
• Kentucky District Courts landlord-tenant information
• Legal Aid Society of Louisville – Free legal advice for renters

---

1. See HUD’s guidance on assistance animals in housing
2. Review the Kentucky Revised Statutes Chapter 383
3. Landlord-tenant disputes are handled by Kentucky District Courts

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