Can Landlords Refuse Emotional Support Animals in NWT?

Tenants in the Northwest Territories sometimes need emotional support animals (ESAs) to help manage disabilities or mental health conditions. But what are your rights if your landlord objects to an ESA? Understanding the law can help you protect yourself and request reasonable accommodations in your rental home.

Are Emotional Support Animals Protected in Northwest Territories Rentals?

Landlords in the Northwest Territories generally must accommodate tenants with disabilities, including those who require emotional support animals, under the Northwest Territories Human Rights Act.^[1] Discriminating against a tenant for having a disability or needing an assistance animal—including emotional support animals—is typically not allowed. However, there are some important caveats.

• Landlords cannot refuse a rental application or evict someone because they have a disability that requires an emotional support animal, unless accommodating the animal would cause the landlord undue hardship (such as major health or safety risks).
• Tenants may be asked to provide documentation from a qualified health professional showing the ESA is necessary for a disability.
• ESAs are not considered pets—so even if your building has a "no pets" policy, exceptions must be considered for valid ESAs.

For full details on your rights as a renter in the Northwest Territories, visit Tenant Rights and Landlord Rights in Northwest Territories.

The Legislation, Landlord Duties, and Reasonable Accommodation

Landlords are required to follow both the Northwest Territories Human Rights Act and the Residential Tenancies Act (RTA).^[2] The Human Rights Act prohibits discrimination based on physical or mental disability, which includes the right to reasonable accommodation—such as an ESA.

• Reasonable accommodation means the landlord should work with you to allow the ESA unless this would cause serious difficulty, like structural damage, allergies in other tenants, or significant safety risks.
• If a landlord believes allowing the ESA would be an undue hardship, they must provide specific evidence for this claim.

It's important to discuss your needs openly and provide any documentation requested, ideally before bringing the animal into your home.

What Landlords Can and Cannot Do

• Cannot charge extra "pet rent" or fees specifically for a legitimate ESA.
• Can require you to ensure the ESA does not cause property damage or disturb other tenants (as with any renter responsibility).
• Can request medical documentation confirming the need for the ESA. Ideally, this comes from a health care provider licensed in the Northwest Territories.

For more guidance on your responsibilities, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Official Forms and How to Request an Accommodation

There is currently no standardized government form in the Northwest Territories for requesting an ESA accommodation. However, you should:

• Submit your accommodation request in writing to your landlord.
• Include a letter from your health professional stating the ESA is necessary for your medical condition.
• Describe the type of animal and confirm it will not pose a risk or undue hardship.

If your landlord denies your request, you can make a complaint to the Northwest Territories Human Rights Commission.^[3] Their website provides a Discrimination Complaint Form to start the process. You can download it directly from this official link.

• When to use: If you believe your landlord refused reasonable accommodation for your ESA due to discrimination.
• How it works: Submit the completed form to the NWT Human Rights Commission, outlining the details and attaching supporting documents.

If a Dispute Arises

The Northwest Territories Residential Tenancy Office is the authority that handles disputes between tenants and landlords. Common issues include accommodation refusals, eviction notices, or conflicts over tenancy rights. Learn more about NWT-specific rules at Tenant Rights and Landlord Rights in Northwest Territories.

You can also Explore Houseme for nationwide rental listings if you are searching for homes that welcome support animals or offer accessible amenities.

FAQ: Landlord Denial of Emotional Support Animals in the Northwest Territories

1. Can my landlord refuse to allow my emotional support animal if there is a no-pet policy?
   Typically, no. Service animals and ESAs are not pets under human rights law, so blanket "no pet" policies do not apply to them. Landlords must consider your accommodation request.
2. What kind of documentation do I need to provide?
   You should provide a letter from a licensed health care provider confirming your need for an ESA. This does not have to specify the nature of your disability, only that the animal is required.
3. Can I be charged extra for having an emotional support animal?
   No, landlords cannot charge extra rent or fees solely for an ESA. However, you are responsible for any damages caused by the animal.
4. What happens if my landlord still refuses?
   You may file a complaint with the Northwest Territories Human Rights Commission if you believe your rights have been violated.
5. Do these rules apply to all types of rentals?
   Most residential tenancies are covered, but exceptions may exist for shared accommodations where the landlord also lives in the unit. Always check your specific situation.

Summary and Key Takeaways

• Northwest Territories law protects the right to reasonable accommodation for tenants who need emotional support animals.
• Landlords are generally required to allow ESAs unless they can prove undue hardship.
• Documentation from a health professional strengthens your accommodation request.
• If refused, you can file a complaint with the Human Rights Commission.

Need Help? Resources for Tenants

• Northwest Territories Human Rights Commission: File discrimination complaints or seek guidance on your rights.
• NWT Residential Tenancy Office: For tenancy queries, dispute resolutions, and forms.
• NWT Health and Social Services Authority: Find medical professionals for ESA documentation.

---

1. Northwest Territories Human Rights Act (S.N.W.T. 2002, c. 18).
2. Residential Tenancies Act (S.N.W.T. 2008, c.10).
3. How to File a Complaint – NWT Human Rights Commission.

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy