Are landlords required to make reasonable accommodations for emotional support animals under Fair Housing Law?

Yes, landlords are required to make reasonable accommodations for emotional support animals under Fair Housing Law in Delaware. This law protects people with disabilities from discrimination when it comes to housing. Under the Fair Housing Law, it is illegal for landlords to deny an individual with a disability the right to keep emotional support animals as a reasonable accommodation. People with emotional support animals that are not considered to be service animals are afforded protection under the Fair Housing Amendments Act (FHAA). When a person requests an accommodation for a physical or mental disability, landlords are required to provide reasonable accommodations if they are necessary for a person to fully use and enjoy the property. In Delaware, landlords may not impose pet deposits or pet rent on tenants with service or emotional support animals as they are not considered to be pets. The landlord may, however, require tenants to provide documentation from a doctor or mental health professional that the tenant has a disability and that an emotional support animal is necessary to help provide assistance to the tenant in order to fully enjoy their residential premises. Moreover, the tenant must follow all of the landlord’s reasonable rules and regulations while living on the property. In short, landlords in Delaware are required to make reasonable accommodations for emotional support animals under Fair Housing Law. This means that landlords must not discriminate against individuals with disabilities who require emotional support animals and must provide reasonable accommodations for them-- such as waiving pet deposits or pet rent.

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