Service Animals and ESAs: Maine Renters’ Rights Explained

If you’re a renter in Maine who relies on a service animal or emotional support animal (ESA), understanding your rights is crucial. Disputes about accommodations for these animals are common—but the law is clear that individuals with disabilities have protections. This guide explains the differences, your legal rights, and exactly how to get accommodations under Maine law.

Understanding Service Animals vs. Emotional Support Animals in Maine

Whether you need a service animal or an emotional support animal (ESA), knowing the legal distinctions is important. Both play vital roles, but they are treated differently under state and federal law.

What Is a Service Animal?

• Definition: Under the Americans with Disabilities Act (ADA), a service animal is a dog (or in some cases, a miniature horse) individually trained to perform tasks for a person with a disability.
• Examples of tasks include guiding those with visual impairments, alerting to sounds, or retrieving items for someone with limited mobility.
• Service animals are not pets—they are necessary aids for daily living.

What Is an Emotional Support Animal (ESA)?

• Definition: An ESA is an animal (can be any species) that provides comfort, emotional support, or companionship to help with a mental health or emotional disability.
• ESAs are not required to have special training. A letter from a licensed healthcare provider is needed to qualify.

Both types of animals may qualify for "reasonable accommodation" in housing situations, but the rules differ. Service animals are broadly protected by federal law, including the ADA and the Fair Housing Act (FHA), while ESAs are protected mainly under the FHA and Maine’s fair housing laws.

Your Rights as a Renter Under Maine Law

Maine law, alongside federal law, protects renters with disabilities who require service animals or ESAs. Here’s what you need to know if you’re requesting permission to have your animal in a rental unit, even if there’s a ‘no pets’ policy.

What Protections Do Service Animals and ESAs Have?

• Maine Human Rights Act: Prohibits discrimination based on disability in housing, including rights to reasonable accommodation for service animals and ESAs.^[1]
• 5 M.R.S. § 4592 (Maine Statute): Makes it illegal for landlords to refuse reasonable accommodations for disabled tenants, including allowing service animals or ESAs.
• Fair Housing Complaint Process: The Maine Human Rights Commission (the tribunal handling housing discrimination) oversees disputes. Their official process helps enforce your rights under state and federal laws.

Key Differences: Service Animals vs. ESAs

• Service animals are allowed in public areas and must be accommodated in most rentals, regardless of pet policies.
• ESAs only have housing rights (not public access), requiring documentation from a qualified healthcare provider.
• Landlords can’t charge extra deposits or fees for either animal but can demand payment for damage caused.

Requesting an Accommodation: Official Process

If you need your animal, you must request a reasonable accommodation from your landlord. There is no single state-wide form in Maine, but two official resources guide you:

• Reasonable Accommodation Request Template (no official number): A suggested format from the Maine Human Rights Commission. Use this template to request housing accommodations for a service animal or ESA.
• Attach proof: For a service animal, explain your need. For an ESA, include a letter from your licensed healthcare provider.
• Submit to your landlord and keep a copy for your records.

Filing a Housing Discrimination Complaint in Maine

• Form name: Maine Human Rights Commission Housing Discrimination Complaint Form
• Official complaint form and instructions
• Use if: Your landlord denies your accommodation request, charges illegal fees, or otherwise discriminates because of your animal.
• How to use: Fill out the online or PDF complaint form and submit it to the Maine Human Rights Commission. The Commission will investigate and may mediate or enforce a resolution.

If a Landlord Refuses: What You Can Do

If your request is denied or ignored, you have the right to take action:

• Refer your landlord to official state guidance: Guidance on Animals as Accommodations
• File a complaint directly with the Maine Human Rights Commission
• Seek advice or assistance from a tenant advocacy group or legal aid

FAQ: Maine Renters and Assistance Animals

1. Can my landlord refuse my service animal or ESA in Maine?
   Generally, no. Landlords cannot deny a reasonable accommodation for a documented disability unless the animal is a substantial risk to property or others, or would cause an undue financial burden.^[2]
2. Is my landlord allowed to charge extra fees or deposits for my animal?
   No. Landlords in Maine cannot charge extra pet fees or security deposits for service animals or ESAs. However, you are responsible for any actual damage caused.^[1]
3. Do I have to use the Reasonable Accommodation Request Template?
   No, but using this official format from the Maine Human Rights Commission can help clearly communicate your needs and demonstrate you followed the process.
4. What documentation do I need for an ESA?
   You’ll need a letter from a licensed healthcare professional stating your need for the animal due to a disability.^[2]
5. What agency handles renter complaints in Maine?
   The Maine Human Rights Commission investigates rental discrimination and accommodation denials.

Key Takeaways

• Service animals and ESAs are both protected in Maine housing, but the process and documentation differ.
• Always put requests for animal accommodations in writing and save copies.
• If denied, contact the Maine Human Rights Commission for help.

Need Help? Resources for Renters

• Maine Human Rights Commission – File complaints, get information on housing discrimination, and access forms.
• MaineHousing – Information on renter resources, affordable housing, and housing rights.
• Maine Human Rights Act – Read the full law on housing discrimination and disability protection.

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1. See Maine Human Rights Commission's official guide on animals as accommodations
2. See Maine statutes on housing discrimination, 5 M.R.S. § 4592

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