Can Landlords Refuse Emotional Support Animals in BC?

Living with a mental health disability can be challenging, and for many British Columbia tenants, an emotional support animal (ESA) can be a vital part of managing daily life. But what happens if your landlord objects? This article explains your rights under BC law, how accommodation works, and what to do if your landlord refuses your ESA request.

Emotional Support Animals and Tenancy Law in BC

In British Columbia, landlords generally have a "no pets" policy in their rental units. However, the law treats emotional support animals differently from regular pets if they are needed to accommodate a disability. This accommodation falls under both the Residential Tenancy Act and the BC Human Rights Code.^[1][2]

Landlords cannot deny a tenant's request to keep an emotional support animal if:

• The tenant has a disability recognized under the Human Rights Code
• The animal is needed as a necessary accommodation for that disability, as confirmed by medical documentation

If these conditions are met, refusing to allow an ESA could be considered discrimination under the law.

What Counts as a Disability and Accommodation?

Under the BC Human Rights Code, a disability can include mental health conditions, such as anxiety, depression, or post-traumatic stress disorder. A tenant requesting an ESA must usually provide a note from a regulated health professional showing the disability and need for the animal.

Process for Requesting an Emotional Support Animal

It's best to inform your landlord in writing and attach your documentation. Clearly explain that the animal is not a regular pet but a necessary aid due to your disability.

If your landlord still refuses, you may have grounds to file a human rights complaint. The BC Human Rights Tribunal hears these cases. Learn more at the BC Human Rights Tribunal.

Common Reasons Landlords Cite for Refusal

Landlords sometimes argue against ESAs due to: allergies, building policies, insurance limitations, or past damages from animals. However, they must show that accommodating your ESA would cause "undue hardship" (such as major financial burden or serious health risks that can't be managed). Most ordinary inconveniences or extra cleaning don't count as undue hardship.

Providing Documentation

Usually, tenants must supply:

• A letter from a licensed health professional outlining the disability and need for the animal (specific diagnosis details usually not required)
• Details about the animal: type, breed, and if it is trained or has any special needs

There is no official provincial form for ESAs in BC, but using a clear, signed medical letter is critical.

Security Deposits for Emotional Support Animals

While ESAs are not considered regular pets, landlords can still charge a pet damage deposit (up to half a month's rent) if your ESA is a dog, cat, or similar animal. This rule applies even when the animal is classed as a medical accommodation. For more details on how security deposits work, see Understanding Rental Deposits: What Tenants Need to Know.

What if Your Landlord Says No?

If you’ve provided proper documentation and your landlord still refuses, you can:

• Try to resolve the issue through direct communication and written records
• File a complaint with the BC Human Rights Tribunal
• Contact tenant advocacy organizations for support

Relevant Official Forms and How to Use Them

• BC Human Rights Complaint Form: Used to start a discrimination claim if your ESA request is denied. Download from the BC Human Rights Tribunal. Fill this out with supporting documents (including your doctor's note and evidence of landlord refusal).

Example: If your landlord responds in writing that you cannot have your medically required dog, attach that message with your medical letter to the form and file to the Tribunal as soon as possible.

After Getting a Decision or Moving Forward

If your ESA request is accepted, be sure to:

• Follow all tenancy rules (except the "no pets" policy, as it no longer applies to your ESA)
• Maintain control of your animal and avoid disturbances
• Pay the appropriate pet deposit if required

For a full summary of tenant and landlord legal obligations, refer to Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Understanding your rights around emotional support animals is just one part of being a well-informed tenant. For a province-wide overview, see Tenant Rights in British Columbia.

If you're searching for a new home that allows pets or emotional support animals, Search pet-friendly rentals on Houseme.ca.

Frequently Asked Questions

1. Can my landlord refuse an emotional support animal if other tenants have allergies?
   Usually, no. Allergies alone are generally not enough to deny an ESA unless they cause serious health problems for others that cannot be mitigated.
2. Does my emotional support animal need specific certification?
   No official provincial certification is required, but you must provide a medical letter supporting your need for the animal.
3. Can my landlord charge me a pet deposit for my ESA?
   Yes, but only if your ESA is similar to a regular household pet (like a dog or cat). The amount cannot exceed half a month's rent.
4. What if my landlord threatens eviction over my ESA?
   If you are being threatened with eviction due to your ESA and you have valid documentation, seek help from a tenant support service and consider filing a human rights complaint.
5. Do ESAs count as service animals under BC law?
   No. Service animals have different legal protections and training requirements. ESAs are protected for disability accommodation, but not classified as service animals.

Need Help? Resources for Tenants

• BC Human Rights Tribunal – File a complaint or find forms
• BC Residential Tenancy Branch – Guidance on tenancy law and support
• Tenant Resource & Advisory Centre (TRAC) – Information and advocacy for BC renters
• Explore all your Tenant Rights in British Columbia

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1. Residential Tenancy Act (BC)
2. BC Human Rights Code
3. BC Human Rights Tribunal

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