Nebraska Renter Rights: Service vs. Emotional Support Animals

Many Nebraska renters rely on animals for support, but not all assistance animals have the same legal rights. Understanding the distinctions between service animals and emotional support animals (ESAs) can help you, as a renter, navigate your tenancy—especially if you need housing accommodations.

Understanding Service Animals and Emotional Support Animals

Federal and Nebraska law recognize service animals and emotional support animals differently when it comes to rental housing. Knowing these differences is key for requesting accommodations or resolving disputes with landlords.

What is a Service Animal?

• A service animal is individually trained to perform specific tasks for a person with a disability, such as guiding someone who is blind or alerting someone who is deaf.
• Under the Americans with Disabilities Act (ADA), only dogs (and in some cases, miniature horses) can be considered service animals.
• Landlords must allow service animals even if their property is otherwise pet-free or charges pet fees, as per the U.S. Department of Housing and Urban Development (HUD) guidance.

What is an Emotional Support Animal (ESA)?

• An ESA provides comfort, companionship, or emotional support related to a tenant’s diagnosed disability, but does not require specific training.
• Unlike service animals, ESAs can be any type of animal and are covered under the Fair Housing Act (FHA), not the ADA.
• Landlords may also need to accommodate ESAs in Nebraska housing if tenants provide the proper documentation.

Your Legal Rights as a Renter in Nebraska

The Nebraska Residential Landlord and Tenant Act protects renters’ rights and sets guidelines for both tenants and landlords¹. In most cases, denying a service animal or a properly documented ESA could be considered housing discrimination by the landlord.

Requesting a Reasonable Accommodation

If you need a service animal or ESA, you have the right to request a "reasonable accommodation"—that is, an exception to a landlord’s"no pets" policy or pet fee for your assistance animal. Provide your landlord:

• A written request for the accommodation
• For ESAs: a letter from a qualified healthcare provider stating the need for the animal due to your disability (it should not include detailed medical information)
• For service animals: landlords may only ask if the animal is required because of a disability and what tasks it is trained to perform. They cannot request documentation or proof of training.
  (See official HUD guidance document.)

Landlords are not allowed to charge additional fees or deposits for service animals or ESAs, but you are responsible for any damage caused by your animal.

Required Forms and Helpful Examples

• Reasonable Accommodation Request Form
  When to use: Nebraska does not have a state-specific form, but you can use a HUD sample form to submit your request. Example: If your apartment is "no pets" but you have an ESA letter, submit this form to your landlord.
  Official Source: HUD Sample Reasonable Accommodation Request Form
• Nebraska Fair Housing Complaint Form
  When to use: If your landlord denies a request for your service animal or ESA, file a complaint with the Nebraska Equal Opportunity Commission (NEOC).
  Official Source: NEOC Discrimination Intake Form

How to File a Complaint If Your Rights Are Denied

If you believe your rights regarding an assistance animal have been violated:

• Document all communications with your landlord
• Submit the NEOC Complaint Form or a HUD complaint form
• Contact the NEOC or HUD for support and more guidance

Which Tribunal or Board Handles Housing in Nebraska?

In Nebraska, housing discrimination disputes related to assistance animals are handled by the Nebraska Equal Opportunity Commission (NEOC). Rental disputes not involving discrimination, such as eviction or repairs, are typically processed in the local County Court system.

FAQ

1. Can my landlord in Nebraska refuse my emotional support animal?
   Landlords generally cannot refuse a properly documented ESA if you request a reasonable accommodation, unless the animal poses a direct threat or causes substantial property damage.
2. Does my service animal need to be professionally trained?
   No. Service animals must be individually trained for specific tasks but do not require professional training programs.
3. Can my landlord charge extra rent or fees for a service animal or ESA?
   No. Under federal and Nebraska law, landlords cannot charge additional deposits or "pet rent" for service animals or ESAs, but tenants are still liable for any damages.
4. What documentation do I need for an ESA in Nebraska?
   You need a letter from a licensed healthcare professional stating that you have a disability and need the animal for support. The letter does not need to disclose your diagnosis.
5. What should I do if my landlord denies my request?
   Keep detailed records and file a complaint with the Nebraska Equal Opportunity Commission using their official form.

Key Takeaways

• Service animals and ESAs have different legal protections, but both may be permitted in Nebraska rentals with proper documentation.
• Landlords cannot charge pet fees or deny rentals based on your need for an assistance animal, except in rare circumstances.
• If denied, use official forms and contact appropriate agencies to protect your rights.

Need Help? Resources for Renters

• Nebraska Equal Opportunity Commission (NEOC) – Handles fair housing discrimination complaints and disputes (402-471-2024)
• U.S. HUD Fair Housing Complaint Process
• Legal Aid of Nebraska – Free and low-cost legal services to tenants
• Nebraska Supreme Court Housing Self-Help – Forms and guidance for housing issues

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1. Nebraska Residential Landlord and Tenant Act
2. HUD Notice on Assistance Animals
3. Americans with Disabilities Act Requirements for Service Animals
4. Nebraska NEOC Complaint Intake Form

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