If you think emotional support animal laws don’t really matter, two Wisconsin landlords just found out otherwise after paying $20,000 to settle a federal discrimination case involving, of all things, cats and rats.
Yes, cats and rats. Let’s unpack what went wrong and how landlords can avoid the same expensive mistake.
What Happened
According to the Milwaukee Journal Sentinel, landlords Tammy and Ramiro Estrada were accused of violating the Fair Housing Act (FHA) after denying tenant Ashlee Crosno’s request to keep two cats and three rats. Crosno’s psychiatrist had prescribed the animals to help with depression, anxiety, and panic attacks.
After she provided the necessary documentation, the Estradas reportedly limited her to one animal, charged pet fees, and later threatened eviction. One of the landlords even called Crosno’s psychiatrist to question his decision, which turned out to be a major legal misstep.
HUD investigated, the Department of Justice got involved, and before long, the landlords agreed to a $20,000 settlement and mandatory fair housing training.
Why This Matters
This case isn’t just another headline. It’s a reminder that emotional support animals fall under Fair Housing protections, not standard pet policies.
Landlords cannot impose pet fees, restrictions, or limits if the tenant provides valid documentation from a licensed healthcare professional. Tenants can also make these accommodation requests before or after getting the animal.
What tripped the Estradas up wasn’t just denying the request. It was the retaliation that followed. Fair Housing law prohibits landlords from penalizing or intimidating tenants for exercising their rights.
Lessons for Landlords
- Don’t treat ESAs like pets. No pet rent, deposits, or breed and size restrictions.
- Ask only what’s allowed. You can verify documentation, but cannot request private medical details.
- Stay professional. Never contact a tenant’s healthcare provider or retaliate against a request.
- Be consistent. Handle all ESA requests consistently, document everything thoroughly, and remain impartial.
- Invest in fair housing training. It’s far less expensive than a lawsuit and keeps your team compliant.
The Takeaway
The Wisconsin case highlights a simple truth: mishandling ESA requests can get very costly very quickly.
For landlords and property managers, the best course of action is to stay informed, act fairly, and maintain a clear paper trail. Fair housing compliance isn’t just about avoiding lawsuits. It’s about professionalism and building trust with your tenants.
When in doubt, review your policies and seek advice before reacting. A little patience and preparation today could save you a $20,000 headache tomorrow.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Laws surrounding emotional support animals and housing rights may vary by state. Always consult a fair housing professional or attorney for guidance on your specific situation.