Proposed Legislation in Florida Would Alter Requirements for Commercial Landlords When It Comes to Emotional Support Animals
Proposed Legislation in Florida Would Alter Requirements for Commercial Landlords When It Comes to Emotional Support Animals Mar 7, 2020 Florida lawmakers are currently considering a bill that would affect a number of commercial landlord and tenant issues by addressing the ability for tenants to keep emotional support animals. Specifically, while it would prohibit landlords from charging more for emotional support animals, it would also allow them to ask for proof and hold a pet owner liable for any damage that they cause to property. In addition, the legislation mandates that any pet owners who obtain fraudulent letters in order to keep their pets as emotional support animals would also be penalized. The bill has come about in part as a result of commercial landlords complaining that people are exploiting their ability to simply keep a pet with them at all times by claiming that they are emotional support animals. What Current State & Federal Law Dictates For legal purposes, it is important to distinguish between service dogs covered under the Americans with Disabilities Act (ADA) and emotional support dogs. The ADA dictates that individuals with disabilities may have their service animals in all areas that constitute “public accommodations,” such as stores, restaurants, schools, hotels, apartments, etc. These animals are specifically trained to assist someone with mental, physical, psychiatric, intellectual, or other disability, and the animal’s work must be directly related to that. For example, if someone is blind, they may have an animal that helps them cross the street. However, Florida law does not protect the issue of emotional support animals in the same way (i.e. animals that provide a sense of safety or comfort to those with emotional disabilities or conditions). As a result, landlords and others have never been required to allow emotional support animals under state law. That being said, the federal Fair Housing Act does require housing facilities to allow both service dogs and emotional support animals in the interest of those with disabilities and conditions to have equal opportunity because, under the law, this animal is recognized as a type of assistance that represents a “reasonable accommodation” under the Act. As a result, the U.S. Department of Housing and Urban Development, which oversees the Act, investigates any related claims of housing discrimination, and currently allows housing providers to ask only two questions when it comes to considering requests to have an emotional support animal on the premises: Does the applicant have a disability (mental or physical impairment) that limits one or more major life activities? Does the animal provide emotional support that affects their disability and/or does the animal work or otherwise provide assistance for the benefit of that person? These individuals must only submit reliable documentation of the disability if “the disability is not known or readily apparent.” As a result, if this legislation passes, there may be significant confusion amongst landlords concerning whether or not they are complying with landlord and tenant rights under both state and federal law. Contact Our Florida Commercial Landlord & Tenant Attorneys If You Have Questions If you as a landlord have questions about drafting a commercial lease so as to ensure that it complies with what both state and federal law requires, enforcing an existing lease, or otherwise handling an eviction proceeding, contact one of our experienced Tampa commercial landlord & tenant attorneys at HD Law Partners in order to ensure that you are protected. Resource: animallaw.info/article/faqs-emotional-support-animals nbc-2.com/story/41569232/florida-bill-would-allow-landlords-to-require-proof-for-emotional-support-animals ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm When Commercial Tenants Fail to Pay Rent Posted in Homeowners Association, Landlord Tenant | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us