Can Landlords Refuse Emotional Support Animals in New Brunswick?

If you’re a tenant in New Brunswick who depends on an emotional support animal (ESA), you might wonder whether your landlord has the right to refuse your pet. This article explains the current legal protections in New Brunswick regarding ESAs, the difference between ESAs and service animals, and what tenants can do if faced with discrimination. With accessible information and links to official resources, you’ll learn your rights and the steps to take if you need to request accommodation.

Do Landlords in New Brunswick Have to Allow Emotional Support Animals?

In New Brunswick, residential tenancy is regulated by the Residential Tenancies Act^[1]. The Act does not specifically mention pets or emotional support animals. However, the New Brunswick Human Rights Act plays a critical role when it comes to discrimination and accommodation for disabilities.

Landlords cannot discriminate against tenants on the basis of a mental or physical disability, and this may include a disability-related need for an emotional support animal. If having an ESA is necessary for your health and supported by appropriate documentation, you may be entitled to a reasonable accommodation under the Human Rights Act^[2].

What Is the Difference Between Service Animals and Emotional Support Animals?

• Service Animals: These are specially trained to assist a person with a disability (for example, guide dogs for visually impaired individuals). In New Brunswick, denial of a service animal could be seen as discrimination.
• Emotional Support Animals: These provide emotional or mental health support but are not necessarily trained for specific tasks. Landlords must still consider requests for ESAs if there is a recognized disability and the need is medically documented.

Review the specifics of your rights in Tenant Rights and Landlord Rights in New Brunswick.

Requesting Accommodation for Your Emotional Support Animal

If you require an emotional support animal due to a disability, take these steps to request accommodation:

• Obtain a note from a regulated health professional (e.g., a doctor or therapist) stating your need for the animal due to a diagnosed disability.
• Write a formal request to your landlord, attaching your professional documentation.
• Maintain respectful communication—landlords may ask for clarification but cannot ask for your diagnosis or details beyond what’s clinically necessary.

Landlords must consider your request unless it would cause them undue hardship (for instance, a serious allergy in a multiple-unit building that cannot be reasonably accommodated).

Official Forms and Where to Apply

• No specific ESA accommodation form: Tenants must submit their requests in writing. Include: your name, address, a brief explanation of your disability-related need, and a note from your health professional.
• Complaint Form (New Brunswick Human Rights Commission): If your landlord refuses a reasonable ESA request, file a complaint through the New Brunswick Human Rights Commission. The form can be found here. Submit it by mail or email. For example, if your landlord denies your request despite supportive medical documentation, you can start the complaint process to seek a remedy.

Your tenancy rights and disputes about ESAs are not usually decided by the New Brunswick Residential Tenancies Tribunal but rather by the Human Rights Commission if they involve discrimination.

Common Scenarios: What If...

• Your Lease Has a "No Pets" Policy: Such policies cannot automatically override your human rights protections if the ESA is a medically necessary accommodation. You should notify your landlord and request an exception for your ESA.
• Landlord Requests Additional Documentation: You only need to provide confirmation that the animal is required due to a disability, not detailed medical records.
• Landlord Claims Allergies or Phobias: The landlord must show that accommodating your ESA is not possible without "undue hardship"—this is a high bar to meet.

Your Rights and Responsibilities

While your landlord generally must consider your need for an ESA, you’re also expected to follow all other parts of your tenancy agreement, including taking care of the property and paying rent on time. For more details on these obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

If problems do arise—such as landlord refusal or improper eviction threats—keep a clear record of communications and seek help from tenant advocacy services or legal clinics right away.

For tenants searching for pet-friendly accommodation, Search pet-friendly rentals on Houseme.ca for options across New Brunswick and Canada.

FAQ: Emotional Support Animals in New Brunswick Rentals

1. Can my landlord ask for proof of my need for an emotional support animal?
   Your landlord can request a note from a regulated health professional stating your need, but not further personal health details.
2. Does a 'no pets' policy apply to emotional support animals?
   No, if you have documented need for an ESA due to a disability, a 'no pets' policy cannot override the Human Rights Act rights.
3. What should I do if my landlord denies my emotional support animal?
   File a written complaint with the New Brunswick Human Rights Commission, and keep detailed records of any communications.
4. Are there circumstances where a landlord may legally refuse an ESA?
   Yes, but only in rare cases where accommodating the animal would cause the landlord serious undue hardship (for example, proven severe allergies poorly manageable in the building).

Key Takeaways

• Landlords in New Brunswick must accommodate tenants who need emotional support animals, provided there is medical documentation.
• Requests should be made in writing, and discrimination complaints go to the Human Rights Commission.
• Know your rights—refer to Tenant Rights and Landlord Rights in New Brunswick for more details.

Need Help? Resources for Tenants

• New Brunswick Human Rights Commission: Inquiries and complaints about discrimination, including ESA denials
• New Brunswick Residential Tenancies Tribunal: For other tenancy issues or disputes
• Local Tenant Advocacy Groups: Help with landlord-tenant conflicts and accommodation requests (look for community legal clinics in your area)

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1. Residential Tenancies Act, SNB 1975, c R-10.2. Read the full Act
2. Human Rights Act, SNB 2011, c 171. Read the Human Rights Act

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