Your renter asks to keep an emotional support animal, but the lease prohibits pets. Before enforcing the restriction, you might want to consult with landlord-tenant attorneys about whether disability accommodation rules require an exception.
This guide from Matejka Law LLC outlines South Carolina’s fair housing obligations for landlords handling emotional support animal requests.
Which Fair Housing Rules Apply to Your Property?
When it comes to landlords and emotional support animal (ESA) requests, the first consideration is the federal or state fair housing requirements that cover the rental property. Fair Housing Act protections and South Carolina’s statute prohibit disability discrimination.
In May 2026, the U.S. Department of Housing and Urban Development directed its Office of Fair Housing and Equal Opportunity to find reasonable cause and recommend charges only when the animal is individually trained to perform disability-related tasks. Still, exemptions may apply.
How Should You Recognize and Acknowledge a Request?
Tenants do not need to use formal legal terms when making reasonable accommodation requests. If they explain that an animal helps with a disability and ask for an exception to your rental policy, you will need to begin the review process. Learning more about landlords’ legal responsibilities may clarify the accommodation review process.
What Information Can You Request Regarding the Emotional Support Animal?
The ESA documentation requirements may depend on whether the disability and animal’s purpose are already apparent. When both elements are clear, you generally don’t need additional verification.
If the disability or disability-related need is unclear, South Carolina law may permit landlords to ask the following questions and request supporting documentation:
- Ask whether your tenant has a physical or mental impairment that substantially limits one or more major life activities.
- Clarify how the animal provides disability-related assistance or emotional support.
- Determine whether the supporting information verifies the tenant’s disability-related need rather than relying on purchased certificates.
- Avoid requesting complete medical records or unrelated details.
Once you have sufficient information, evaluate whether the requested accommodation is reasonable.
What if a Tenant Requests Multiple Animals?
A request involving multiple animals requires considering the tenant’s need for each one. Approval for one animal does not automatically cover additional companions. Separate residents within the same household may also have distinct accommodation needs.
You should evaluate the combined arrangement under applicable standards. Evaluate the disability-related need for each animal separately.
When Could a Landlord Deny the Request?
Regarding landlords and emotional support animals, a denial should be based on a legally valid reason supported by evidence.
While an unsupported denial can lead to a fair housing complaint, potential grounds may include :
- The available information fails to establish a qualifying disability or related need, even after an opportunity to clarify.
- The animal poses a direct safety threat that reasonable measures cannot sufficiently reduce.
- Specific evidence indicates substantial damage to others’ property that reasonable adjustments cannot prevent.
- The requested accommodation would impose an undue financial and administrative burden or fundamentally alter the nature of your housing operation.
Overall, assess the individual circumstances rather than relying on assumptions about an animal’s breed or size.
How Should You Handle Pet Restrictions and Fees?
As a landlord, your pet policies may have restrictions that conflict with legally required accommodations. Whether a landlord must waive a generally applicable pet fee or deposit requires a case-specific assessment of what is necessary and reasonable.
Your tenant remains responsible for actual damage caused by the animal, excluding ordinary wear and tear. It may be possible to recover those costs through lawful security deposit deductions or other available remedies.
How Should You Record Your Decision and Communicate With the Tenant?
For landlords handling emotional support animal requests, a written response should state the decision and explain any lawful conditions. Keep the original request with supporting documents and your reasons for approving or denying it. You can protect disability-related housing rights by storing sensitive records securely, with access limited to authorized reviewers.
What Responsibilities Continue After You Approve the Emotional Support Animal?
Approval does not remove your tenant’s responsibility to care for the animal and maintain sanitary living conditions. Reasonable rules concerning control in shared spaces still apply. If repeated barking or another documented issue arises, address that specific behavior through lawful lease-enforcement procedures.
Make More Confident Accommodation Decisions With Matejka Law LLC
Landlords have several options when responding to emotional support animal requests. Before treating an animal’s presence as a violation of a no-pet clause, confirm whether disability accommodation requirements apply.
Call Matejka Law LLC at (843) 300-8147 to discuss your situation. Our landlord-tenant guidance draws on Nataliya Matejka’s more than two decades of property management experience, including oversight of more than 1,000 rental properties.
