Service Animals and Emotional Support Animals in Minnesota Rentals

If you're a renter in Minnesota living with a disability, you may be considering whether you can have a service animal or an emotional support animal (ESA) in your rental home. This guide explains the differences between these animals, your rights under Minnesota law, and offers practical steps to request a reasonable accommodation from your landlord. All information reflects current rules and state laws to protect your rights and responsibilities.

Understanding Service Animals and Emotional Support Animals

Both service animals and ESAs offer vital support, but the law treats them differently. Knowing the distinction helps you understand what documentation you need and what landlords can or cannot require.

What is a Service Animal?

• A service animal is typically a dog (and in some cases, a miniature horse) that is individually trained to perform tasks directly related to a person’s disability.
• Examples include guiding people who are blind, alerting individuals with hearing loss, or pulling a wheelchair.
• Service animals are protected by the Americans with Disabilities Act (ADA) and Minnesota’s Minnesota Human Rights Act.

What is an Emotional Support Animal (ESA)?

• An ESA is any animal (not just a dog) that provides emotional comfort to someone with a mental health disability.
• ESAs do not need special training but require a letter from a licensed healthcare professional supporting their use.
• They are not covered under the ADA, but renters are protected under the Fair Housing Act (FHA).

Your Rights as a Renter in Minnesota

Landlords in Minnesota cannot refuse to rent to you or charge extra fees just because you require a service animal or ESA due to a disability. However, there are rules on requests and documentation.

• You may be asked to submit a reasonable accommodation request along with verification if your disability and need for the animal are not obvious.
• Landlords can ask for documentation on the disability-related need for your ESA, but they cannot ask for extensive medical records or details about your diagnosis.
• For service animals, landlords are limited to two questions: Is the animal required due to a disability, and what work or task has the animal been trained to perform?

When Can a Landlord Deny an Animal?

Landlords can deny requests only if:

• The animal poses a direct health or safety threat to others.
• The animal would cause significant property damage.
• The request is unreasonable (e.g., exotic animals as ESAs, or multiple animals that would disrupt the property).

How to Request an Accommodation for Your Animal

It's important to follow the correct steps to ensure your rights are protected. Use written communication and keep records at each stage.

Official Forms and How to Use Them

• Reasonable Accommodation Request Form (form number may vary by landlord—official templates are not required in Minnesota, but renters can use the Minnesota Department of Human Rights Sample Reasonable Accommodation Request Form).
• When & How: Use this form when asking your landlord to waive a no-pet policy due to your disability. Fill it out, attach any supporting documentation (like a letter from a healthcare provider for an ESA), and deliver it to your landlord by mail or email.
• Medical Verification Form (also not a state-issued form, but a sample ESA verification form can be used if asked by your landlord).
• When & How: If your landlord requests verification, ask your medical provider to complete this and return it to you or directly to your landlord.

For legal disputes, renters and landlords can apply to the Minnesota Housing Court to resolve issues, such as being denied a reasonable accommodation.

Minnesota Housing Law and Protections

Minnesota renters are protected under Minnesota Statutes, Section 504B.204, which prohibits landlords from charging extra rent or deposits for service or support animals. Additionally, the Minnesota Human Rights Act protects against housing discrimination based on disability.

Frequently Asked Questions

1. Can my landlord in Minnesota charge me extra rent or a pet deposit for a service animal or ESA?
   No. Under Minnesota law, landlords cannot charge additional fees or deposits for service animals or emotional support animals that are required as a reasonable accommodation for a disability.
2. What kind of documentation do I need for an emotional support animal?
   You typically need a letter from a licensed healthcare provider stating that you have a disability and that the ESA provides support for that disability. The documentation does not have to disclose your diagnosis.
3. Can my landlord deny my request for an ESA?
   Landlords can only deny requests if the animal poses a safety threat, would cause significant property damage, or the request is unreasonable. Otherwise, they must consider your request fairly.
4. Are there any breed or size limits for service animals or ESAs in Minnesota?
   No, but the animal's presence must be reasonable. A landlord can set limits only if the animal would cause a direct threat or significant property damage.
5. How do I report discrimination by my landlord?
   You can file a complaint with the Minnesota Department of Human Rights.

Conclusion: Key Takeaways

• Service animals and ESAs are protected differently under Minnesota and federal law, but both can be accommodated in rental housing.
• Landlords cannot charge pet fees, but you must follow the proper process and provide supporting documentation if needed.
• If you face issues, state resources and housing courts are available to protect your rights as a renter.

Need Help? Resources for Renters

• Minnesota Department of Human Rights: Disability and Housing Rights – Information and complaint process.
• Minnesota Housing Court – Handles rental disputes and accommodation cases.
• Minnesota Attorney General’s Office – Tenant Rights
• U.S. Department of Housing and Urban Development (HUD): File a Housing Discrimination Complaint

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1. Minnesota Statutes, Section 504B.204: Rights and Duties Relating to Assistance Animals
2. Minnesota Human Rights Act: Housing and Disability Protections
3. HUD Guidance on Assistance Animals
4. Minnesota Department of Human Rights – Housing Rights

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