The Basics About Emotional Support Animals
Emotional support animals (hereinafter referred to as "ESA") are companion animals that provide therapeutic benefit to individuals with emotional problems or psychiatric conditions. This includes patients with depression, anxiety, and panic attacks. ESA therapy typically involves the use of domestic dogs and cats, but may occasionally involve other animals such as birds.
Unlike a trained service animal, an ESA does not need specific training to assist an individual with a disability. Rather, the main function of an ESA is to provide comfort and emotional support to persons with mental health disorders by being present and providing companionship.
In recent years , ESA animals have become increasingly important tools in the treatment of several different mental health disorders. This increase in popularity is likely due to the correlation of ESA therapy and reductions in symptoms related to PTSD, anxiety, depression, and other mental health concerns. ESA therapy can also aid by allowing individuals to reduce their reliance on traditional therapy and medication, thus reducing the potential side effects of those treatments.
Nonetheless, under the Americans With Disabilities Act, an ESA is not considered a service animal and, therefore, not entitled to the same access and benefits under Nevada law. However, requests for permission to keep an ESA are protected under other state and federal laws such as the Fair Housing Act (FHA).
Emotional Support Animal Rental Laws in Nevada
In Nevada, rental laws are codified in Chapter 118 of the Nevada Revised Statute. While such laws apply to most places where people rent, because Nevada lacks a State Human Relations Act that prohibits both discrimination in employment and places of public accommodation, this chapter of the NRS is focused primarily on tenant rights and landlord obligations. Unlike Newport News, Virginia, which has both the Virginia Fair Housing Law (Code of Virginia § 36-96.1) and a State Human Rights Act (Code of Virginia §§ 2.2-3900 through 2.2-3906), Nevada rental law is primarily concerned with the relationship of either party to the other.
Some specific provisions that may be of interest to those who have, or are contemplating obtaining, a pet include: NRS 118.180 — Rental Agreement; NRS 118.190 — Duties of Tenant; NRS 118.205-300 — Disclosure to Tenant, including disclosure of the existence of any cause of action against the landlord or any condition of property known to the landlord; NRS 118.340 — Clear Labeling of Lease Termination Notices; NRS 118A.220 — Security Deposits; NRS 118A.240 — Limitations on Amount of Security Deposit; NRS 118A.245 — Withholding of Security Deposit Prohibited in Certain Circumstances; NRS 118A.250 — Notice of Retention of Security Deposit; NRS 118A.260 — Disposition of Remaining Balance of Security Deposit; NRS 118A.290 — Limitation on Penalties:
Nevada does not have a law specifically directed toward pets and emotional support animals in housing, whether underlying eligibility is by reason of a disability or a conviction to amusement animals, except that the landlord must reserve the right to levy penalty charges in addition to rent for every accumulation of animal waste that is not cleaned up every 24 hours.
Legal Protections For Those With ESAs
Emotional support animals (ESAs) are a type of assistance animal that provide comfort to a person with mental health conditions. The most common conditions that might be alleviated through the use of an ESA are depression, anxiety and certain phobias. Unfortunately, too many people with ESAs are discriminated against when attempting to secure housing, or in otherwise seeking equal treatment.
Several laws at both the state and federal level address the rights of individuals with disabilities. The Fair Housing Act (FHA) is one of the federal laws that offers legal protection for people with emotional support animals. The FHA is enforced by the Federal Housing Administration and applies to the sale, rental and financing of most housing, public and private. Under the FHA, any housing related project that receives government funding may not discriminate against people with emotional support animals.
The FHA obligates owners and managers of housing communities to accommodate the needs of people with disabilities, including the need for emotional support animals. In certain circumstances, landlords must allow pets as ESA accommodation, and owners of federally funded housing may not charge pet fees or pet deposits for such animals.
Note that the FHA does not apply to reasonably-sized owner-occupied buildings with four apartments or less. In addition, privately owned rental buildings with four or fewer apartments that are rented without a license are not covered by the FHA. While the FHA does not apply to all housing communities in Nevada, additional federal laws do. For instance, the Americans with Disabilities Act (ADA) applies to public establishments, which includes businesses like restaurants, schools, stores, and healthcare providers. Under the ADA, people with disabilities cannot be excluded from places of public accommodation and must be provided equal treatment and service.
The ADA is a complex law that covers many areas and can be difficult to interpret. Just like the FHA, the ADA protects the rights of individuals who need ESAs for mental health purposes, as well as those with service animals.
Getting An ESA In Nevada
Obtaining an emotional support animal letter or certificate from a medical professional in Nevada typically involves the following steps:
- Qualifying Condition – While emotional support animal rules do not cover emotional support for anxiety, depression, sleep disorders, marriage and relationship problems, and mental health issues, which do not involve a qualifying condition, medical professionals will generally attempt to qualify such problems as a qualifying condition. Providing evidence of your condition is required to get an ESA.
- Medical Evaluation – Treatment can either be prescribed by a medical doctor or psychiatrist, or a licensed social worker (such as a psychologist, licensed clinical social worker (LCSW), licensed professional counselors (LPC), or licensed marriage and family counselor (LMFT).) Treating problems is the key to having your mental health problems covered by medical health insurance. It is often easier to approach a medical health professional for an evaluation and prescription for an ESA when you have been treated and are on a plan for treatment for your condition. Medical professionals have licenses to protect, and mental health is focused on treatment of problems to improve your mental health. They are obligated to evaluate your condition and recommend only animals that have been proven through proper evaluation to address qualifying conditions, such as psychiatric disabilities and emotional disorders.
- ESA Recommendation – Mental health professionals sign off on recommendations for emotional support animals only after evaluating their patients thoroughly. Patients who have certain mental or emotional disorders or disabilities are eligible to receive prescriptions for companion or emotional support animals. Emotional support "prescriptions" for animals allow these animals to accompany their owners in all housing situations and public accommodations.
Responsibilities Of Landlords For Emotional Support Animals
There are several obligations that landlords must comply with when dealing with a tenant’s request for an emotional support animal. First, under Nevada law, the landlord must be allowed to ask questions about the tenant’s mental disability. The landlord could also ask the type of animal and whether it is housebroken, but the landlord cannot ask the details of the tenant’s disability or documentation that the animal is appropriate for the disability. The landlord can request reliable third party information or certification that the emotional support is necessary to the individual.
A landlord may not deny a request for an emotional support animal if it causes a person undue hardship. Undue hardship is defined as something that creates significant difficulty or expense as compared to the benefit gained by granting the accommodation . A landlord is afforded a great deal of deference in determining whether undue hardship exists.
What constitutes undue hardship is highly dependent upon the facts and circumstances involved in each case. However, in general, factors the court will take into consideration include the nature and cost of the accommodation, the overall financial resources of the facility, the effect on expenses and resources, and the facilities size, structure, and type of operation. When there is a conflict between the need for the accommodation and the costs or resources to provide it, "the reasonableness of an accommodation turns on a balancing of the benefits gained by the party seeking it [and] the burdens imposed on the other party." Cases involving requests for emotional support animals often come down to an individualized assessment of the costs and benefits of the accommodation sought.
Responsibilities Of Tenants And ESA Etiquette
While emotional support animals (ESAs) offer invaluable benefits to individuals living with emotional and psychological conditions, tenants have responsibilities and etiquette that must be observed for the greater public good of the apartment complex community and their landlords. Responsible tenants should not assume that the presence of an ESA gives them a carte blanche to disrupt others in the community. While it is allowable to have an ESA in a complex, tenants ought to observe good manners and common decency when interacting with management, other residents, and their pet itself. Here are some behaviors to keep in mind: These guidelines should make for a more pleasant experience for you and your ESA.
What to Do If Your Landlord Doesn’t Allow ESAs
Here are some potential solutions and legal recourse if you have a dispute over your emotional support animal in Nevada:
The first step in resolving your dispute with your landlord is to achieve an understanding of the law, your respective rights, and the extent of the protection afforded under the law. Both the resident and landlord can benefit from reviewing subsections 5 through 11 of NRS 118.100 which set forth exclusive dates by which a landlord can act in connection with a resident’s emotional support animal. If your dispute is between you and a private landlord, the law governing the relationship is found within NRS 118.100 and your lease or rental agreement. If the parties reside in public housing, however, it is the United States Department of Housing and Urban Development (HUD) which oversees the relationship between the tenant and the public housing authority or agency. Indeed, in all cases other than private leases, the relationship is governed by HUD regulations. If you have had your registration as an emotional support animal denied or revoked, the process of appealing the determination is again dependent on whether you reside in public housing.
For tenants living in public housing, the Department of Housing and Urban Development has established a grievance procedure that permits a resident to appeal the denial or revocation of his or her registration as a service or emotional support animal. Generally, if the emotional support animal is denied or revoked, the resident’s only remedy is to appeal the decision to HUD. When filing an appeal pursuant to the HUD grievance procedure, it is very important to remember that the grievance will not be accepted unless the resident submits a written request for reconsideration within ten working days after receiving written notice from the public housing agency or authority. Likely, the timeline in receiving a final decision for a denial or revocation is lengthy. Thus, if your animal is certified as an emotional support animal, you must contact the agency immediately to ensure that you are within the 10-day time limit and to obtain a hearing. If you miss the deadline, the denial stands and you have exhausted any administrative remedy on the claim.
Under the Fair Housing Act, action may be required in the event that a tenant whose emotional support animal has been licensed, registered or designated, is charged a fee or increase in rent. If this occurs, the tenant must submit a complaint with the U.S. Department of Housing and Urban Development (HUD). However, a resident of public, assisted or government-supported housing already protected under the United States Department of Justice (DOJ) regulations, should not be charged any fees for their emotional support animal. Although the DOJ has not prescribed a grievance procedure for residents in public housing to follow in the event of a dispute, it appears that the grievance procedure for public housing as sanctioned by HUD should be sufficient for an individual to exercise his or her rights under the Americans with Disabilities Act (ADA). However, it is a matter of controversy as to whether a public housing resident can bring an action for damages under the ADA since the statute does not create a private right of action.
If a reasonable accommodation request by a disabled resident in private housing is denied, the prospective resident may challenge the denial. To do so, the resident may bring a complaint with the U.S. Department of Housing and Urban Development – Office of Fair Housing and Equal Opportunity (HUD-OFEHO). The complaint must be lodged within the HUD 1 year statute of limitations.
Recent ESA Legislation Trends And Changes
Recent changes and trends in ESA legislation have focused both on issues of fraud and the need for education and accommodation. One piece of proposed legislation, Assembly Bill 355, aimed to clarify the process through which a person with a disability obtains an ESA and how the landlord or a community association can challenge a request for a reasonable accommodation. The amendment added that among other things a request for an accommodation may be reviewed through an independent third party to evaluate the need and make a recommendation as to whether to grant or deny a request. The bill was sponsored by two members of the Nevada Legislature and introduced in March of 2019 , but it appears not to have gained traction. It was still alive in committee as of May 26, 2021. However, one day prior to this section being published, Governor Sisolak signed Assembly Bill 137 and added separate criminal penalties for falsely certifying an emotional support animal or misleading others into believing that an animal is an emotional support animal. HB 137 also made it unlawful to misrepresent to any person, including an employer, that an animal is an emotional support animal, and introduces new standards for criminally negligent false representation of an emotional support animal. The new law is effective immediately.
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