Service vs. Emotional Support Animal Rights for Louisiana Renters

Renters in Louisiana often have questions about their rights when it comes to service animals and emotional support animals (ESAs). Knowing the differences, what landlords must allow, and how to request reasonable accommodation can help protect your rights and make renting less stressful.

Understanding Service Animals and Emotional Support Animals

While both service animals and emotional support animals provide important help, their legal status under Louisiana and federal law differs. Federal protections come mainly from the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Louisiana law also upholds these protections for renters.

Service Animals

• Definition: Usually dogs (and sometimes miniature horses) that are individually trained to do work or perform tasks for a person with a disability.
• Legal status: Protected by both ADA and the HUD Fair Housing Act.
• Housing rights: Landlords must allow service animals, even in "no pets" buildings.

Emotional Support Animals (ESAs)

• Definition: Animals that provide comfort or emotional support related to a person’s disability, but are not required to have special training.
• Legal status: Covered under the Fair Housing Act (FHA), not the ADA.
• Housing rights: Landlords must permit ESAs with valid documentation, even in pet-free housing.

Both types of animals are not considered "pets" under the law. This means pet deposits or monthly pet fees cannot be charged for service animals or ESAs.

Your Rights as a Renter in Louisiana

Louisiana renters with disabilities have the right to request an accommodation for a service animal or ESA. This means a landlord must make reasonable changes to rules, policies, or practices to allow the animal unless doing so is unsafe or would create significant hardship.

• You cannot be denied housing solely because of a service animal or ESA.
• Landlords may ask for documentation (see next section for details).
• You may be responsible for any damage caused by your animal, but not extra fees just for having it.

Requesting an Accommodation: What You Need to Provide

To request that your landlord allow a service animal or ESA, you often need to make a formal written request. Here’s how:

• For a service animal: Landlords may only ask if the animal is required because of a disability and what specific work or task the animal is trained to perform. They may not require documentation about the animal’s training.
• For an ESA: Your landlord can request documentation from a physician, psychiatrist, social worker, or other mental health professional stating that you have a disability and need the animal for support.

Relevant Forms for Louisiana Renters

• Reasonable Accommodation Request Form (no standardized state-wide number):
  Used to formally request an accommodation for a service or support animal. This helps document your request and can be used if you need to file a complaint later.
  When to Use: If your landlord asks for a written request or documentation.
  Download official HUD guidance (see Sample Forms in Appendix A)
• Discrimination Complaint Form (HUD Form 903):
  Used if you believe your rights as a renter (for example, the right to an assistance animal) have been violated under the Fair Housing Act.
  When to Use: If your landlord refuses to allow a qualifying animal.
  Download HUD Discrimination Complaint Form 903

For a practical example, if you have a letter from your therapist recommending an ESA for anxiety, attach that letter to the Reasonable Accommodation Request Form and give copies to your landlord.

Who Handles Rental Disputes in Louisiana?

In Louisiana, landlord-tenant disputes are typically handled by local Civil District Courts. However, issues about housing discrimination—including assistance animal requests—are handled by the HUD Region VI Louisiana Office and the Louisiana Attorney General Civil Rights Division. Renters may also seek information from Louisiana Housing Corporation for additional guidance.

How Louisiana Law & Federal Protections Work Together

Louisiana follows the federal Fair Housing Act (42 U.S.C. §3601 et seq.), which means landlords must make reasonable accommodations for both service animals and ESAs. State law also respects the Louisiana Service Animal Law (RS 46:1952 et seq.). For tenancy issues in general, see the Louisiana Civil Code - Residential Leases (Articles 2668-2729).

FAQ: Louisiana Service and Support Animal Rules for Renters

1. Can my landlord charge a pet fee or deposit for my service animal or ESA?
   No, landlords cannot legally charge pet fees or pet deposits for service animals or ESAs, but you are responsible for any damage the animal causes.
2. What documentation does my landlord need for an ESA?
   Your landlord can request a note from a licensed healthcare professional that confirms your disability and need for the animal, but cannot ask for your detailed medical records.
3. Does my service animal have to be professionally trained?
   No, under federal and Louisiana law, service animals do not have to be professionally trained, but they must be trained to perform specific tasks.
4. If my request is denied, how do I file a complaint?
   You can file a complaint using the HUD Form 903, online, by mail, or through the Louisiana Attorney General's Civil Rights Division.
5. Can my landlord deny my animal if someone else in the building is allergic?
   Allergies and fear of animals are generally not valid reasons for denial. Landlords must try to reasonably accommodate both parties.

Key Takeaways for Renters

• Both service animals and emotional support animals are protected in Louisiana rentals under federal and state law.
• Landlords must make reasonable accommodations but can ask for basic documentation for ESAs.
• Use official forms to submit requests or complaints, and contact local agencies for help if needed.

Need Help? Resources for Renters

• HUD Guidance on Assistance Animals
• Louisiana HUD Regional Office: For filing discrimination complaints
• Louisiana Attorney General Civil Rights Division
• Louisiana Housing Corporation – Tenant Resources
• Louisiana Civil Code – Residential Leases
• HUD Form 903: Housing Discrimination Complaint

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1. Fair Housing Act (42 U.S.C. §3601 et seq.), available at official U.S. government site.
2. Louisiana Civil Code, Residential Lease Articles (2668-2729), available here.
3. Americans with Disabilities Act – Service Animals Overview via ADA.gov.
4. Louisiana Service Animal Law (RS 46:1952 et seq.), available here.
5. HUD Guidance on Service Animals and Assistance Animals: official resource.
6. Sample Reasonable Accommodation Request: HUD Statement (Appendix A).

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