Vermont Renters: Service Animals vs. Emotional Support Animals

Understanding your rights regarding service animals and emotional support animals (ESAs) is important if you’re a renter in Vermont, especially if you or someone in your household lives with a disability. This guide explains the differences between service animals and ESAs, how Vermont and federal laws protect renters, and the steps to request reasonable accommodation from your landlord.

The Difference Between Service Animals and Emotional Support Animals

Both service animals and ESAs provide support, but they serve different purposes under the law:

• Service Animal: Trained to perform specific tasks, such as assisting with mobility or guiding individuals who are visually impaired.
• Emotional Support Animal (ESA): Offers comfort or emotional support due to a documented disability, but is not trained for tasks directly related to the disability.

Only dogs (and in some cases, miniature horses) can be recognized as service animals under the Americans with Disabilities Act (ADA). ESAs can be almost any animal but are not recognized under the ADA—however, they are protected under the Fair Housing Act (FHA).

Vermont Law: Your Rights as a Renter

In Vermont, it is illegal for landlords to discriminate based on disability. Both state and federal laws require landlords to allow service animals and, with proper documentation, ESAs—even in "no pets" buildings.

• Landlords cannot charge pet fees or deposits for service animals or ESAs.
• Landlords can require documentation for ESAs (but not for service animals other than a basic inquiry).
• Tenants are responsible for any damage caused by their support animal.

You can request a reasonable accommodation for your animal at any time during your tenancy.

How to Request a Reasonable Accommodation

To keep a service animal or ESA in your rental, follow these steps:

• Write a clear request to your landlord, stating that you need the animal due to a disability.
• For ESAs, supply a letter from a licensed healthcare provider verifying your need for the animal. For service animals, landlords may only ask if the animal is required because of a disability, and what tasks it is trained to perform.
• If your landlord denies your request or retaliates, you can file a complaint with the Vermont Human Rights Commission or the U.S. Department of Housing and Urban Development (HUD).

The main Vermont law that protects renters is the Vermont Residential Rental Agreements Act.^[1] For discrimination complaints, the case is handled through the Vermont Human Rights Commission.^[2]

Official Forms and Practical Examples

• Vermont Fair Housing Reasonable Accommodation Request Form (no official state form number). Used when you ask your landlord for permission to keep a service animal or ESA. Download a sample template from the Vermont Human Rights Commission: Sample Accommodation Letters. Example: If your landlord says “no pets,” submit this request with your healthcare provider’s note to start the process.
• HUD Form 903 – Housing Discrimination Complaint Form. Use this if you believe a landlord denied your accommodation illegally. Example: If you've provided proper documentation and your landlord still refuses to allow your ESA, fill out and submit this form to HUD.

What Happens If Your Request Is Denied?

If your request for an animal accommodation is denied, you can:

• Communicate again with your landlord—sometimes a respectful conversation resolves misunderstandings.
• File a discrimination complaint with the Vermont Human Rights Commission or HUD.

FAQ: Service Animals and ESAs in Vermont Rentals

1. Can my landlord ask for proof of my service animal?
   Landlords may ask if the animal is required because of a disability and what work or task it is trained to perform, but cannot require you to reveal your specific disability or demand certification for a service animal.
2. Are emotional support animals treated the same as service animals in Vermont?
   No. Service animals are granted broader public access and landlords may ask fewer questions. ESAs require a letter from a healthcare provider, but both are protected under the Fair Housing Act in housing situations.
3. Can my landlord charge a pet deposit or extra rent for my ESA?
   No. Landlords cannot charge extra fees, but you are liable for damage caused by your support animal.
4. What if my landlord refuses my reasonable accommodation request?
   You can file a complaint with the Vermont Human Rights Commission or HUD. Make sure your request and documentation are complete before filing.
5. Can I have more than one support animal?
   Possibly. Each animal’s necessity must be verified as a reasonable accommodation for your disability.

Summary: Key Takeaways

• Service animals and ESAs are protected in Vermont rentals under the law.
• Landlords may not charge extra fees or deny accommodations for qualified animals.
• Proper documentation is needed for ESAs; for service animals, only basic questions are allowed.

Knowing your rights can make your rental experience smoother and empower you to advocate for yourself or your family.

Need Help? Resources for Renters

• Vermont Human Rights Commission – Handles housing discrimination complaints.
• Vermont Department for Children and Families – Housing Assistance
• Vermont Residential Rental Agreements Act
• HUD – File a Housing Discrimination Complaint

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1. Vermont Residential Rental Agreements Act (9 V.S.A. Chapter 137)
2. Vermont Human Rights Commission
3. HUD Fair Housing and Equal Opportunity Complaint Process
4. ADA Requirements: Service Animals

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