All Dogs are Emotional Support Animals: The Timely Need to Reconsider the Rights of Renters to Have Dogs Under the Fair Housing Act

Abstract

The lack of pet-friendly housing options in the United States and the current web of property-owner-imposed restrictions unfairly prevents renters and lower-income individuals and families from benefitting from dog companionship. The recent confusion and stigma around the term “emotional support animal” has led to misinterpretation of the requirements of a reasonable accommodation request under the Fair Housing Act. Interpreting “assistance animal” under the Fair Housing Act as a blanket classification that applies to all dogs would reverse this current bias. Restrictions should promote responsible pet caretaking, not limit dog ownership. Considering recent heightened protections for dogs in other areas of the law, the proven positive impact of dogs on mental health, and the current critical capacity of animal shelters across the United States, now is the perfect time to acknowledge that all people should have the right to have a dog in their home.

Recommended Citation

Leigh Cummings, All Dogs are Emotional Support Animals: The Timely Need to Reconsider the Right of Renters to Have Dogs Under the Fair Housing Act, 25 Marq. Ben. and Soc. Welfare L. Rev. 133 (2023).