Can Alberta Landlords Refuse Emotional Support Animals?

Many Albertans rely on emotional support animals (ESAs) to help manage disabilities or mental health conditions. But what if your landlord refuses to let your ESA live with you? Here’s what tenants in Alberta need to know about their rights regarding emotional support animals and housing discrimination.

Emotional Support Animals and Alberta Tenancy Law

In Alberta, discrimination against tenants because of a disability is prohibited under both provincial and federal human rights law. Emotional support animals are often part of reasonable accommodations for tenants with disabilities. This means landlords can’t simply deny your ESA if it’s needed for your disability, even if there’s a “no pets” policy in the lease.

The key difference: emotional support animals are not the same as service animals. However, both can be considered disability-related accommodations under the Alberta Human Rights Act^[1].

What Counts as a Disability-Related Accommodation?

• Allowing an emotional support animal as an exception to a pet ban
• Permitting a support animal in apartments with pet restrictions
• Making reasonable efforts to address both the tenant’s needs and legitimate allergy or safety concerns

Landlords can, in very limited cases, refuse accommodation only if it would cause undue hardship, such as major safety or health risks. Financial cost alone is rarely enough.

What Proof Does a Tenant Need for an Emotional Support Animal?

To request accommodation, a tenant usually must provide written documentation from a qualified health professional confirming their disability and the need for the emotional support animal. This does not have to reveal your medical diagnosis—just that the ESA is necessary to address a disability.

Official Application and Complaint Process

If a landlord refuses a reasonable accommodation for your emotional support animal, tenants in Alberta can file a discrimination complaint with the Alberta Human Rights Commission.

• Form Name: Complaint Form – Individuals
  When/How Used: If you believe you have been denied housing due to your emotional support animal, fill out the Complaint Form for Individuals. For example, if your landlord won’t allow your ESA despite written medical confirmation, you may use this form to start a human rights investigation.

The Alberta Human Rights Commission will review, may seek mediation, or potentially schedule a hearing if the matter can’t be resolved.

Relevant Legislation and Housing Rights

Tenant rights around emotional support animals in Alberta mainly stem from:

• Residential Tenancies Act (Alberta)^[2]
• Alberta Human Rights Act^[1]
• Guidance from the Alberta Human Rights Commission

If you’re unsure about your broader rights as a tenant, visit Tenant Rights and Landlord Rights in Alberta for a detailed overview.

Other Practical Considerations

• If your emotional support animal causes damage, you may be responsible for repairs as per your lease agreement
• Landlords can expect tenants to maintain health and safety standards (such as cleaning up after animals)

For more on keeping your rental healthy and safe when you have an ESA, read Health and Safety Issues Every Tenant Should Know When Renting.

If your rental agreement includes a pet deposit or additional cleaning requirements, these may not apply to emotional support or service animals in every case, especially if they amount to discrimination under human rights law. For more on deposits and returns, see Understanding Rental Deposits: What Tenants Need to Know.

Finding Accessible Rental Housing

Looking for pet-friendly or accessible rentals? Search Canadian rentals with interactive map view to discover listings suited for tenants who need emotional support animals or accessible units.

FAQ: Emotional Support Animals in Alberta Rentals

1. Can my landlord evict me for having an emotional support animal?
   Landlords generally cannot evict tenants for having an approved emotional support animal needed for a disability, even if there’s a no-pets policy. However, you should disclose your ESA and provide documentation to protect your rights.
2. Is my landlord allowed to charge extra rent or deposits for my ESA?
   Alberta landlords cannot charge additional fees or deposits solely for a service or emotional support animal if it is an accommodation for a disability. Damage caused by the animal is still the tenant’s responsiblity.
3. What if another tenant has allergies or fears of animals?
   Landlords must try to balance everyone’s rights. If a conflict arises, they should look for solutions, like separating units or scheduling shared space use, rather than simply denying accommodation.
4. What documents do I need for my emotional support animal?
   You’ll need a note from a regulated health professional (e.g., doctor, psychologist) confirming your need for an ESA due to a disability. The note should explain the necessity, without revealing your medical details.
5. What if my landlord still refuses after I provide documentation?
   You can file a complaint with the Alberta Human Rights Commission. Mediation or further investigation will follow if the issue isn’t resolved quickly.

Conclusion

• Alberta tenants have strong protections for emotional support animals under human rights law.
• Landlords can only refuse an ESA in rare cases of undue hardship, not simply because of a no-pets policy.
• Clear communication and proper documentation help tenants assert their rights and avoid misunderstandings.

In summary, understanding your rights and responsibilities ensures you and your emotional support animal can enjoy your home safely and respectfully.

Need Help? Resources for Tenants

• Alberta Human Rights Commission: File discrimination complaints and get accommodation guidance
• Alberta Residential Tenancy Dispute Resolution Service (RTDRS): For tenancy disputes
• Provincial Court of Alberta: Landlord and Tenant: Legal processes for rent and eviction matters
• Centre for Public Legal Education Alberta (CPLEA): Tenant guides and legal information

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1. Alberta Human Rights Act, Government of Alberta
2. Residential Tenancies Act (Alberta), Government of Alberta

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