Can Your Tenant Own an Alligator as an Emotional Support Animal?

Under the FHA, emotional support alligator owners are granted several important rights. These rights are designed to protect them and ensure they can keep their ESA alligator in their home.
Key protections include:

• They have the right to keep their alligator in housing, even if the building has a strict “no pets” policy.
• Exemption from pet-related restrictions, such as weight, size, or breed limitations that might apply to other animals.
• Landlords cannot charge additional rent, pet deposits, or cleaning fees related to the presence of an ESA alligator.

Under the Fair Housing Act, specific circumstances allow landlords to refuse an emotional support animal request legally. Reasons a landlord may deny an ESA alligator request include:

• Risk of injury or property damage:
  If the ESA poses a direct threat to the safety of others or could cause significant damage to the property, the landlord has the right to restrict them. This decision must be based on concrete evidence (such as past aggressive behavior) rather than assumptions or stereotypes.
• Undue financial or administrative burden:
  If accommodating the alligator support animal would place a significant financial or administrative strain on the landlord, they may refuse the request. However, they must offer evidence of the hardship caused by accommodating the animal.
• Substantial structural modifications:
  If the emotional support alligator requires significant structural changes to the building or fundamentally alters the nature of the housing complex, the landlord may refuse the accommodation.
• Disturbance or harm to other tenants:
  If the emotional support alligator causes excessive noise, damage, or creates a nuisance that disturbs other tenants, the landlord can deny the request.
• Health or safety hazards:
  If the ESA alligator creates a health or safety risk, such as spreading allergens or being potentially dangerous, the landlord can reject the request. This includes situations where another tenant has severe allergies to the animal.

Alligators are illegal to own in some states, are known for their aggressive behavior, and have been involved in numerous dangerous incidents over the years, including fatalities. As a result, landlords could reasonably argue that accommodating such an animal presents a serious safety hazard.

When a tenant requests to keep an exotic animal, such as an alligator, as an emotional support animal, landlords should proceed with caution and due diligence. Here are some best practices to consider:

• Thorough Review of the ESA Letter:
  Verify the authenticity and legitimacy of the tenant’s ESA letter, ensuring it was issued by a qualified mental health professional. Also, check that the letter contains the professional’s credentials, contact information, and a clear statement about the tenant’s need for an alligator as an emotional support animal.
• Understand State and Local Regulations:
  Research specific regulations regarding exotic animal ownership in your jurisdiction. Some areas may have outright bans or restrictions on alligators as pets.
• Risk Assessment of Animal Suitability:
  Evaluate whether the alligator is suitable for a residential setting. Consider factors like size, noise level, potential aggression, and property conditions.
• Lease Agreement Modifications:
  If you agree to accommodate the emotional support alligator, include specific provisions in the lease agreement outlining the tenant’s responsibilities. This may involve ensuring proper hygiene and preventing any damage to the property.
• Notify the Neighbors:
  Inform neighboring tenants about the emotional support alligator and address any potential concerns. Moreover, ensure that appropriate safety measures are in place to protect both the tenant and the community.
• Consult with an Attorney:
  Seek advice from an attorney specializing in landlord-tenant law to understand your rights and obligations. They can provide guidance on the legal requirements for accommodating emotional support animals.

While alligators are not typical ESAs, certain accommodations may still be made if a tenant has an ESA letter. Here are some potential reasonable accommodations:

• Allowing the Alligator to Live in the Rental Unit: Landlords may need to allow an alligator to reside in the rental unit, even if the lease agreement typically prohibits exotic pets.
• Allowing the Tenant to Install Proper Housing: Landlords may need to permit the tenant to set up an appropriate habitat or enclosure for the alligator that meets legal and safety standards.
• Enhancing Security Features: Modifications could involve installing additional locks or barriers to prevent the alligator from escaping, thus ensuring the safety of other tenants and guests.
• Providing Access to Outdoor Spaces: If the property has outdoor areas, accommodations may include allowing the alligator access to these spaces, assuming it does not threaten others.

Allowing an alligator as an emotional support animal comes with several significant risks that must be carefully considered. First and foremost, safety hazards are a major concern.

Alligators are predatory creatures, and even those that have been domesticated can exhibit aggressive behavior when they feel threatened or stressed, posing a direct risk to residents, guests, and other animals on the property.

Additionally, escape and containment issues are common. If an alligator were to escape, it could create dangerous situations in residential areas, threatening the safety of both humans and pets.

Another important factor is insurance complications. Many insurance policies do not cover injuries or damages caused by exotic pets like alligators, leaving landlords vulnerable to financial risks if an incident occurs. Lastly, specialized care needs for alligators, including temperature control, proper habitat, and specialized diets, are challenging to meet in a typical residential setting, adding another layer of difficulty for both tenants and landlords.

Landlords may be liable for injuries caused by an emotional support animal (ESA) if they knew or should have known the animal was dangerous and failed to take appropriate precautions. This liability can stem from factors such as a history of aggression. If a landlord was aware of the ESA’s aggressive behavior or previous incidents, they could be deemed negligent.

Additionally, landlords must conduct reasonable assessments of tenants’ ESAs. Failing to screen for potentially risky animals could result in accountability. If an ESA injures someone who is not a tenant, the landlord may still be liable if they were aware of the animal’s dangers and did not take steps to mitigate the risk.