Can my landlord refuse my emotional support animal in New Brunswick?

Landlords must consider ESA requests if medically justified, unless it would cause undue hardship or safety concerns.

Is there a form for ESA accommodations in New Brunswick rentals?

There is no specific government form for ESAs; tenants should provide a doctor's letter and, if needed, file a Human Rights Complaint Form.

Do ESAs override 'no pets' rules in New Brunswick rentals?

If your need for the animal is supported by a qualified professional, human rights law may override 'no pets' clauses in most cases.

Emotional Support Animals in New Brunswick Rentals: Tenant Rights Explained

Utilities & Services New Brunswick published: June 13, 2025

Understanding your rights regarding emotional support animals (ESAs) is crucial if you're renting in New Brunswick. With more tenants seeking pet-friendly housing due to mental health needs, knowing what the law actually allows—especially for ESAs—can help avoid disputes with landlords and ensure you get the support you need at home.

What Is an Emotional Support Animal?

An emotional support animal (ESA) provides comfort, stability, and emotional support to individuals facing mental health challenges. ESAs are different from service animals—they usually do not require specialized training. Instead, they're prescribed by a qualified health professional to assist with medical conditions such as anxiety, depression, or PTSD.

The Law: Are Emotional Support Animals Protected in New Brunswick Rentals?

While ESAs play an essential role in tenants’ well-being, New Brunswick law distinguishes between service animals and emotional support animals. The key legislation is the Residential Tenancies Act (New Brunswick)^[1] and the New Brunswick Human Rights Act^[2].

Service Animals (including guide dogs): Clearly protected under provincial law and must be accommodated in housing, even with "no pets" rules.
Emotional Support Animals: Not automatically protected like service animals. However, tenants may still request an accommodation based on disability under the Human Rights Act.

This means that while landlords can enforce "no pets" policies, they must consider accommodation requests for ESAs if medically justified and related to a disability. Refusing a reasonable request may be discriminatory.

How to Make an ESA Accommodation Request

Tenants should provide:

A letter from a recognized healthcare provider outlining the need for the ESA as part of managing a medical condition (no need to disclose full diagnosis).
Details about the animal (species, size, potential impact on property and other tenants).

Landlords may ask for reasonable documentation but cannot demand detailed medical records. It's best to communicate in writing and keep records of all correspondence.

What Forms and Processes Should Tenants Use?

At this time, New Brunswick does not have a specific provincial form for requesting ESA accommodations. The New Brunswick Human Rights Commission handles disputes relating to discrimination or denials of reasonable accommodation. Tenants can file a complaint if their request is unreasonably refused:

Form Name: Human Rights Complaint Form (New Brunswick Human Rights Commission)
When to Use: If your ESA accommodation request is denied without a valid reason, or you are being discriminated against due to your disability-related need for an ESA.
How to Use: Download the New Brunswick Human Rights Complaint Form, fill in your information, and submit according to the instructions on the official website. If uncertain, contact the Commission for guidance.

Responsibilities: Landlords and Tenants

Accommodating ESAs is a shared responsibility. Tenants must ensure their ESA does not pose a danger or cause undue hardship for the property or for other tenants. Common responsibilities include:

Supervising the ESA at all times
Ensuring cleanliness and proper waste disposal
Taking responsibility for any damages caused by the animal

Landlords must consider requests for accommodation, respond within a reasonable time, and respect privacy. For more on general obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

No Pets Policies vs. Human Rights

"No pets" clauses are commonly found in rental agreements. However, when medical accommodation is involved, human rights protections can override blanket "no pets" policies, provided the request relates to a recognized disability and does not cause undue hardship.

Tip: Always get your ESA prescription in writing and save a copy of all communication with your landlord. If issues arise, this documentation will be crucial.

Resolving Disputes Regarding ESAs

If a landlord refuses a legitimate ESA accommodation, tenants should try to resolve it through discussion. If unsuccessful, the next step is to file a formal complaint with the New Brunswick Human Rights Commission.

Initial attempts should focus on clear, respectful communication and submitting required documentation.
If this fails, use the Human Rights Complaint Form to start an official process.

For more on rights specific to your province, visit Tenant Rights and Landlord Rights in New Brunswick.

Looking for Pet-Friendly Rentals?

If finding a unit that welcomes your ESA is a challenge, you can Search pet-friendly rentals on Houseme.ca, with listings across New Brunswick and beyond.

Related Information for Tenants

For general health and living standards, see Health and Safety Issues Every Tenant Should Know When Renting.
Learn about rights and rules in your area: Tenant Rights and Landlord Rights in New Brunswick.

Frequently Asked Questions (FAQ)

Can my landlord refuse my emotional support animal in New Brunswick?
Landlords are generally required to accommodate ESA requests connected to a disability, unless it causes undue hardship or safety issues.
Is there a specific form for ESA accommodation in New Brunswick rentals?
There is no province-specific ESA accommodation form; tenants may need a doctor's note and can use the Human Rights Complaint Form if their request is denied.
Does an emotional support animal override a "no pets" policy?
Potentially, yes. If a healthcare professional confirms you need the animal due to a disability, human rights law may require the landlord to allow it, overriding "no pets" clauses.
Are pet deposits legal for ESAs in New Brunswick?
While damage deposits for pets are common, demanding extra deposits specifically for an ESA required by human rights law may be discriminatory. Always clarify the policy with your landlord and the tribunal if needed.
What if my landlord is threatening eviction because of my ESA?
Document all communication and seek help from the New Brunswick Human Rights Commission before taking any further steps.

Key Takeaways for Tenants

ESAs are not automatically protected like service animals, but tenants may have a right to request accommodation under human rights law.
Always keep written documentation from your healthcare provider and correspondence with your landlord.
If a request is denied, consider filing a complaint with the Human Rights Commission.

Being proactive and informed is the best way to navigate ESA accommodation requests in New Brunswick rentals.

Need Help? Resources for Tenants

New Brunswick Human Rights Commission – For advice and complaints about accommodation and discrimination.
Residential Tenancies Tribunal, Service New Brunswick – For rental tribunal forms, guidance, and dispute resolution.
Tenant Services – Province of New Brunswick
Consider reaching out to local advocacy or legal aid services for support and guidance.

^[1] Residential Tenancies Act (New Brunswick)

^[2] Human Rights Act (New Brunswick)