QUESTION

Can I be evicted for my ESA off I told the owner and he comes to me home screaming at me “I don’t care what an ESA is or what you dr told you”NoPets!

Asked on Oct 23rd, 2023 on Fair Housing - Wisconsin
More details to this question:
I called my landlord on July 23rd and told him I was going to be getting an Emotional support Animal. He said that’s not happening. I’m done with you and your ex breaking in and the police being dispatched. I need to find better friends and then I wouldn’t get broken into. I told him I pay $60 a month for a security system which constantly records. I point at the camera. He continues barraging me. He refused to take the ESA form. The next day I put the rent money in the mail box for him and he slides and eviction under my door stating he’s highly allergic to dog hair. The 4 minute video he never moves away from the dog. He is a foot from me.
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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Having an emotional support animal in a dwelling is governed by laws protecting those with disabilities from illegal discrimination.  It is very important that you understand that the animal is not being protected--you are being protected from discrimination based upon your disability.  There are rafts of websites that provide "ESA certificates" that can easily be challenged because the owner of the pet does not actually have a disability that significantly interferes with a major life activity.  They just got an ESA certificate because they want to have a pet somewhere pets aren't allowed.Assuming you have a legitimate disability and require an ESA, a landlord can lawfully deny a request for waiver of a no pet policy if the animal in question poses a direct threat to the health or safety of others and that threat cannot be eliminated by other reasonable means.  A severe documented pet allergy can provide the basis for such a denial.  But general allergies or a dislike of dogs cannot provide such a basis.Your case will depend heavily upon the specific facts and circumstances of your particular situation.  Does your landlord really have a severe medically documented allergy to dog hair?  What happens when exposed to dog hair?  Do you really have a disability that requires you to have an ESA?  What happens to you when you don't have your ESA nearby?  How long were you living there without an ESA?  Was your landlord discriminating against you because of your disability even before you got the ESA?  What happened with respect to your disability that now requires you to get an ESA?This could be a very complex, lengthy, and expensive lawsuit.  It is impossible to predict the outcome.
Answered on Oct 23rd, 2023 at 12:25 PM

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