Many renters in New Brunswick rely on service animals or emotional support animals to manage disabilities and mental health needs. As a tenant, you have rights to request reasonable accommodation from your landlord, and landlords have duties under provincial tenancy law to balance safety and accessibility. This guide explains how to ask for permission, what counts as a service animal versus an emotional support animal, what documentation or forms may be appropriate, and how the Residential Tenancies Tribunal handles disputes. It also covers common landlord concerns, pet policies, and practical steps to document your request and protect your tenancy. Read on to learn clear, tenant-focused steps for requesting accommodation and what official forms and deadlines you should expect.
Understanding service animals and emotional support animals
In New Brunswick a service animal is usually a companion trained to perform specific tasks for a person with a disability; an emotional support animal (ESA) is intended to provide comfort related to mental health. Tenants can request accommodation under provincial tenancy rules and human rights obligations, but landlords may raise questions about safety, damage or nuisance. The official Residential Tenancies Tribunal hears disputes about tenancy matters and can decide on reasonable accommodation issues.[1] The governing legislation is the Residential Tenancies Act, which sets out landlord and tenant responsibilities.[2] For a quick summary of local rights, see Tenant Rights and Landlord Rights in New Brunswick.
How to request accommodation
Requesting accommodation should begin with a clear, written request to your landlord that explains the disability-related need and the role of the animal. You do not need to provide your full medical history; instead, provide focused documentation and reasonable evidence. Official forms or guidance from Service New Brunswick can help you understand filing options.[3]
- Prepare a concise written accommodation request that explains the disability-related need and the animal's role.
- Keep records: clinician letters, training certificates, photos or videos showing the animal performing supportive tasks.
- Give the landlord reasonable time to respond and propose accommodations or alternatives.
When a landlord can ask for documentation
Landlords may ask for objective information that verifies the disability-related need and the animal's role, but they cannot demand full medical records or private health details. Reasonable safety or size limits can be discussed; for example, a landlord can raise concerns about aggression or verified damage. If a landlord requests documentation, provide focused verification such as a short clinician letter describing the functional need.
Resolving disputes with the Residential Tenancies Tribunal
If you cannot reach agreement, you can apply to the Residential Tenancies Tribunal to resolve the dispute. Try negotiation or mediation first, but keep written records of requests and responses. The Tribunal considers whether accommodation is reasonable, whether there are safety or undue hardship concerns, and whether the tenant provided appropriate documentation. Typical outcomes include orders to allow the animal with reasonable conditions or directions about damage deposits and behavior rules.[1]
Practical tenant example
Example: a tenant emails a written accommodation request with a clinician letter and photos of the dog performing tasks. The landlord replies asking for more detail and proposes a behaviour plan. If the landlord refuses outright, the tenant saves all messages and evidence, attempts mediation, and if necessary files an application with the Tribunal. For broader tenancy issues related to disputes and evidence collection, see Common Issues Tenants Face and How to Resolve Them. If you are looking for a new pet-friendly place, Search pet-friendly rentals on Houseme.ca to find listings and filtering options across Canada.
FAQ
- Can a landlord refuse a service animal in New Brunswick?
- Generally a landlord cannot refuse a properly documented request for a service animal if accommodation is reasonable; exceptions exist for genuine safety or undue hardship reasons and the Tribunal can decide disputes.
- Do I need a medical note for an emotional support animal?
- Landlords may reasonably request supporting documentation that links the need for an ESA to a disability, but they cannot demand your full medical records.
- Can a landlord charge pet fees or deposits for a service animal?
- Landlords should not charge pet deposits for service animals in a way that undermines accommodation; matters about deposits and damages can be decided by the Tribunal.
How-To
- Draft a concise written accommodation request explaining your disability, the animal's role, and list attachments you will provide.
- Gather supporting documents such as a clinician's letter, training certificates, and photos or videos showing the animal's tasks.
- Send the request by email or registered mail and keep copies and delivery receipts.
- If the landlord refuses citing safety concerns, ask for written reasons, try mediation, and document all communications.
- If unresolved, attend the Residential Tenancies Tribunal hearing with your evidence and witness statements.
Help and Support / Resources
- Contact the Residential Tenancies Tribunal
- Residential Tenancies Act (New Brunswick)
- Service New Brunswick - tenant services
