Service Animals and Emotional Support Animals: Missouri Renters’ Rights

If you’re a renter in Missouri and need a service animal or emotional support animal (ESA), you have important rights and responsibilities. Understanding the differences between these animals—and the legal protections for each—can help you work with your landlord to secure necessary accommodations. This article provides Missouri-specific guidance, practical steps, and links to essential resources and laws to support renters seeking disability accommodations.

Understanding the Difference: Service Animals vs. Emotional Support Animals

The law treats service animals and emotional support animals differently in Missouri rental housing. Knowing which applies to your situation will clarify your rights and the steps to secure accommodation.

Service Animals

• Defined by the Americans with Disabilities Act (ADA) as dogs (or miniature horses in some cases) individually trained to perform tasks for people with disabilities.
• Tasks can include guiding people with vision loss, alerting hearing-impaired individuals, or assisting with mobility.
• Landlords generally may not refuse a service animal, even if there is a "no pets" policy.

Emotional Support Animals (ESAs)

• ESAs provide comfort by being present. They do not require specific training and are not limited to dogs.
• Covered under the federal Fair Housing Act (FHA).
• Renters must provide documentation from a licensed health professional stating the need for the ESA due to a disability.

In summary, service animals are more broadly protected under both federal and Missouri law, while ESAs have specific documentation requirements.

Missouri and Federal Laws Protecting Renters With Assistance Animals

Both national and state laws ensure renters with disabilities can request reasonable accommodations for service animals and ESAs. In Missouri, the following legislation and agencies play a key role:

• Missouri Human Rights Act, Section 213.065: Discrimination in Housing
• Federal Fair Housing Act (FHA)
• Missouri Commission on Human Rights (MCHR) is the official agency handling housing discrimination complaints in the state.

Key Protections for Renters

• Landlords cannot refuse to rent or evict you solely for needing an assistance animal.
• You cannot be charged pet rent or fees for legitimate service animals or ESAs.
• Landlords can request limited documentation for ESAs (but not for obvious-service-animals like a guide dog).

Requesting a Disability Accommodation: What Forms and Steps Are Needed?

To request an accommodation for a service animal or ESA in Missouri, you typically need to submit a written request to your landlord. For ESAs, documentation from a healthcare provider is required. There is no standardized Missouri state form, but here’s how renters usually proceed:

When To Submit a Request

• When applying for a new rental and you need to bring an assistance animal
• If medical needs change and you now require an animal during your tenancy
• If your landlord asks for documentation regarding an animal in your unit

Required Documentation

• Service Animal: Generally, no documentation is required if the disability and need are obvious. Otherwise, landlords may ask two questions: Is the animal required because of a disability, and what work or task has the animal been trained to perform?
• Emotional Support Animal: A letter or form from a licensed healthcare professional affirming your disability and the need for the ESA. Sample accommodation request letters are available from the U.S. Department of Housing and Urban Development (HUD).

Relevant Official Forms

• Missouri Commission on Human Rights Housing Discrimination Complaint Form
  Use this form only if your landlord denies your request or retaliates after you submit it.
  MCHR Housing Discrimination Complaint Form

Example: If your landlord refuses your ESA after providing proper documentation, you may fill out the Complaint Form online or by downloading and mailing it. The MCHR will review and investigate your claim.

When Can a Landlord Deny a Request?

According to Missouri and federal law, a reasonable accommodation request may be denied if:

• The animal poses a direct threat to the health or safety of others and the risk cannot be reduced.
• The animal would cause substantial property damage.
• Granting the request would impose an "undue financial and administrative burden" on the landlord.

Denials must be based on specific evidence, not speculation or fear of liability. If your request is denied, you have the right to file a complaint.

Action Steps for Missouri Renters

• Identify if your animal qualifies as a service animal or ESA.
• Request a reasonable accommodation in writing, referencing your needs and attaching proper documentation.
• If denied, keep a record of all communications.
• File a complaint with the Missouri Commission on Human Rights if you believe your rights have been violated.

FAQs: Missouri Renters and Assistance Animals

1. Can my landlord charge me extra fees or a pet deposit for a service animal or emotional support animal?
   No, under the Fair Housing Act and Missouri law, landlords cannot charge additional fees or deposits for assistance animals.
2. Can a landlord ask for proof or certification for my service animal?
   For service animals, landlords may only ask limited questions if the need is not obvious. They cannot request certification or extra registration.
3. What kind of documentation do I need for an emotional support animal?
   You need a letter from a licensed medical provider indicating your disability and need for the animal. No online certificates or registrations are required.
4. What should I do if my landlord denies my accommodation request?
   If denied, keep a written record, and file a complaint using the official Missouri Commission on Human Rights Housing Discrimination Complaint Form.
5. Are all animals covered as emotional support animals?
   No. The animal must be reasonable for your living situation and supported by documentation from a healthcare professional.

Key Takeaways for Renters

• Service animals and ESAs are protected differently under Missouri and federal law.
• Know your right to request reasonable accommodations without facing fees or discrimination.
• File a complaint with the Missouri Commission on Human Rights if your request is unfairly denied.

Need Help? Resources for Renters

• Missouri Commission on Human Rights (MCHR) – For complaints and information on housing discrimination.
• Missouri Attorney General: Landlord-Tenant Law – Plain-language guidance for renters.
• HUD Office of Fair Housing and Equal Opportunity – Federal resources and guidance on assistance animals.

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1. Missouri Human Rights Act, Section 213.065: Discrimination in Housing
2. Missouri Commission on Human Rights
3. Federal Fair Housing Act (24 CFR Part 100)
4. ADA: Service Animal Rules
5. MCHR Housing Discrimination Complaint Form

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