FAQ: My neighbors are complaining among each other that my Emotional Support Animal should not be allowed in the apartment building. My landlord has been harrasing me about this, is this legal?

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Many people with Emotional Support Animals or Service Animals endure such behavior from neighbors and landlords.  Can they do anything about this other than finding a new place to live?

A: Absolutely. Harassment is a kind of discrimination, and fair housing laws protect people from discrimination even after they move in, whether the discrimination is from the landlord or other tenants.  In addition, landlords must provide disabled tenants with reasonable accommodations, and that includes allowing their Service Animals and Emotional Support Animals to live on the premises, even if the building is otherwise a no-pet environment. Remember, Service Animals and Emotional Support Animals are not “pets.”

The situations described are arguably discrimination based on disability.  When harassment creates an abusive environment, it is said to create a “hostile environment.” A hostile environment is established when a tenant is a member of a protected class (including: disability, race, religion, ethnicity, national origin, family status), the harassment is unwelcome and based on the tenant’s membership in the protected class, and the harassment is sufficiently severe or pervasive to alter the conditions of the living environment. The landlord is obligated to take action that is reasonably calculated to end the harassment.

What to do: It is important to inform the landlord in writing of both the harassment and its discriminatory basis, and to keep written notes of each discriminatory incident as it happens.  The landlord should remind other tenants of their obligations and others’ rights regarding fair housing laws.  If the landlord does nothing to correct the situation, the affected tenant can seek assistance from a dispute resolution or mediation clinic.  Another option would be to file a complaint with California’s Department of Fair Employment and Housing (DFEH) or the federal Department of Housing and Urban Development (HUD).

To file a complaint with the U.S. Department of Housing & Urban Development (HUD), call (800) 669-9777, or click here: www.hud.gov/offices/fheo/online-complaint.cfm

To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or click here: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm