Can Landlords Refuse Emotional Support Animals in Newfoundland and Labrador?

Emotional support animals (ESAs) provide critical comfort for many renters facing mental health challenges. For tenants in Newfoundland and Labrador, understanding if landlords can deny these animals is an important issue—especially with rental housing in high demand.

Are Emotional Support Animals Protected for Tenants?

In Newfoundland and Labrador, housing discrimination based on disability is prohibited under the provincial Human Rights Act, 2010^[1]. This means landlords cannot treat tenants unfairly for having a medically verified need for an emotional support animal. While general 'no pets' policies are allowed, they must give way to disability accommodations—including ESAs, provided documentation is supplied.

What Counts as an Emotional Support Animal?

An emotional support animal is different from a service animal (for example, a guide dog). ESAs assist tenants with mental or emotional disabilities and require documentation from a licensed healthcare provider. Unlike service animals, emotional support animals do not require specialized training.

How to Request Accommodation for an Emotional Support Animal

If you rely on an ESA, you have the right to ask your landlord for an exemption to a ‘no pets’ policy as a reasonable accommodation. Here’s how tenants can request this:

• Obtain a signed letter from a licensed physician or qualified mental health professional confirming your need for an ESA due to a recognized disability.
• Submit a written accommodation request to your landlord. Attach your medical documentation.
• Retain copies of all forms and communications for your records.

Relevant Forms for Tenants

• Human Rights Complaint Form – Use this if you believe a landlord has discriminated against you for requiring an ESA.
  Example: A landlord denies your rental application solely due to your documented need for an emotional support animal. Filing this form starts a formal investigation.
  View and download the Human Rights Complaint Form (PDF).
• Application to the Residential Tenancies Office – Use this to resolve tenancy disputes, including accommodation denials. Complete Form 12 for a tenant application for an order.
  Example: If your landlord issues you a notice to vacate because of your ESA, you may file this form to dispute the eviction.
  Access Form 12: Application for Dispute Resolution.

Both the Residential Tenancies Office (RTO) and the Human Rights Commission play key roles in protecting tenant rights in these situations.

Landlord’s Obligations and Tenant Responsibilities

Landlords must not discriminate against qualified tenants with an ESA. However, tenants should:

• Provide detailed and current documentation from a healthcare professional
• Ensure the animal does not cause damage or nuisance
• Comply with all health, safety, and municipal by-laws

It's important to note that while a landlord must accommodate, you are still responsible for any Health and Safety Issues Every Tenant Should Know When Renting, such as cleanliness and noise your animal may cause. Reasonable rules for pet care may still apply.

Grounds for Denial

Landlords cannot deny your ESA if you provide appropriate documentation, unless they can prove undue hardship. Examples of undue hardship include:

• Significant property damage risk beyond normal wear-and-tear
• Violations of local health and safety laws or building codes
• Allergies or phobias of other tenants where a solution cannot reasonably be found

If the landlord believes your ESA poses serious risks or causes real disruption, they must show evidence to support refusal or restrictions.

For a complete view of overall tenant rights, see the Tenant Rights and Landlord Rights in Newfoundland and Labrador page.

Looking for a pet-friendly place to live? Search pet-friendly rentals on Houseme.ca – Canada’s map-based rental platform.

FAQ: Emotional Support Animals and Tenant Rights

1. Can my landlord charge me extra deposit or rent for an emotional support animal?
   No. In Newfoundland and Labrador, a landlord may not charge a higher security deposit or extra rent for accommodating an ESA needed due to disability, unless there is specific permission under the Residential Tenancies Act.^[2]
2. What documentation do I need to provide for an ESA?
   A letter from a licensed healthcare professional confirming your need for an ESA for a medically recognized disability.
3. Does a ‘no pets’ policy apply to emotional support animals?
   No. Landlords must accommodate ESAs if provided with valid medical documentation, as ‘no pets’ rules cannot override human rights protections.
4. What if my landlord still refuses after I submit documents?
   File a complaint with the Human Rights Commission and/or apply for dispute resolution at the Residential Tenancies Office using the forms linked above.
5. Are service animals and emotional support animals treated the same?
   No. Service animals have more specific legal protections, though ESAs are still covered by disability accommodation requirements. Always provide updated documentation for emotional support animals.

Conclusion and Key Takeaways

• Landlords in Newfoundland and Labrador generally cannot deny an emotional support animal if you have a valid medical need and documentation.
• Always obtain proper documentation and submit a written request to your landlord before bringing your ESA into a rental unit.
• If you experience discrimination, file a complaint with the Human Rights Commission or apply to the Residential Tenancies Office for help.

Understanding your responsibilities and the legal process helps ensure both you and your landlord follow the law and prevent disputes.

Need Help? Resources for Tenants

• Newfoundland and Labrador Human Rights Commission – Advice, forms, and support for tenants facing disability discrimination.
• Residential Tenancies Office (RTO) – Information on tenancy rights, dispute forms, and guidance for both landlords and tenants.
• Canada Mortgage and Housing Corporation: Renting a Home – Federal advice and guides.

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1. Human Rights Act, 2010, Section 14 – Prohibits discrimination in housing due to disability. Read the Human Rights Act, 2010 here.
2. Residential Tenancies Act, SNL 2018, c. R-14.1 – Sets out landlord/tenant rules in NL. View the Residential Tenancies Act here.

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