Nowadays, emotional support animals (ESA) help aid individuals suffering from different mental and physical disabilities. They are part of medical treatment programs and are not the same as regular pets. A landlord must know how to accommodate people with these disabilities in the rental home, including their ESAs.
In Canada, laws relating to ESAs vary from province to province. These laws often work hand in hand with laws that protect persons with disabilities from discrimination. Rental agents like yourself must also be aware of these rules. Make sure you do not exclude ESAs when marketing properties.
Alberta
Alberta has two Acts that specify and define ESA regulations: the Services Dogs Act and the Blind Persons’ Rights Act. The Services Dogs Act states that service dogs should be trained and qualified to aid individuals with a disability. The Blind Person’s Rights Act states that guide dogs for visually impaired individuals should have undergone the necessary training.
Other animals defined in those acts are:
- Companion Animals (a.k.a. pets) – animal owned for pleasure
- Therapy Animals– utilized for short-term therapy
- Emotional Support Animals– used to provide assistance and support for those inflicted with mental or chronic illnesses
Note: Unlike service or guide dogs for visually impaired individuals, those animals mentioned above are excluded in the current Alberta legislation.
Guide dogs and service dogs must have the training and certification. They must also have government-issued ID cards identifying the dog(s) and their handler(s).
Landlords in Alberta are not allowed to charge any additional pet deposit. The total security deposit must not be more than a month’s rent.
British Colombia
British Colombia has The Guide Dog and Service Dog Act. It requires service dogs, guide dogs, and their handlers to have certification. Those animals are legally allowed to reside in rental properties. Landlords are not allowed to require a pet damage deposit for them.
The current Guide Dog and Service Dog Act states that therapy and emotional support animals do not enjoy the same protection as that service dogs. However, people with disabilities who depend on the assistance of a guide and service dog are under the protection of human rights laws. This is regardless of whether or not the guide and service dog is certified under the Act.
Landlords in British Colombia may charge a pet deposit worth half a month’s rent (on top of any other deposit they require) for regular pets.
Manitoba
According to the Manitoba Human Rights Commission, the assistance provided by service animals and for whom they provide is evolving. That is why:
- Identification and certification of service animals are not standardized in Manitoba.
- If an animal is identified as trained (even self-trained) to assist a person with a disability, it may be considered a service animal.
- An animal can be identified as a service animal if a person can demonstrate that he needs the animal for his disability-related treatment program.
In Manitoba, a landlord is not allowed to charge a pet damage deposit for service animals. The same goes for refusing to rent to any individual who requires the assistance of a service animal. A pet damage deposit may be applied for regular pets. However, it must not amount to more than a month’s rent.
Ontario
A landlord cannot instate a no-pets clause as stated under Ontario’s Residential Tenancies Act.
For an animal to be deemed as a service animal, one of these two conditions must apply:
- The animal can be identified easily as an aid in one’s disability (e.g., a guide dog wearing a vest).
- There is documentation from a regulated health professional that confirms the need for the animal due to a person’s disability.
For pets, landlords can collect pet rent equal to a month’s rent. However, it cannot be identified as a security deposit since it is not allowed by Ontario law. Since service animals are not regular pets, such fees do not apply to them.
As a rental agent, you have to be aware of ESAs and how they differ from regular pets. Not equipping yourself with such knowledge can put you in a bad light. You could also be accused of discriminating against persons with disabilities. When you publish listings on websites like Padleads (which can give you a wide audience reach), your listing should not contain discriminatory language. That way, you won’t get into legal trouble and you would be able to attract a lot of leads.