Can Landlords Deny Emotional Support Animals in Nunavut?
If you’re a tenant in Nunavut and rely on an emotional support animal (ESA) for mental health reasons, you may wonder whether a landlord can refuse your request. Understanding your rights under Nunavut law can help you find a rental home that fits your needs while protecting against discrimination. This article explains the basics, the formal process to request an ESA accommodation, and what steps to take if a landlord denies your request.
Emotional Support Animals and Nunavut Housing Law
In Nunavut, tenant and landlord relationships are governed by the Residential Tenancies Act (Nunavut)[1]. Beyond rental laws, protections from discrimination—specifically for disabilities—fall under the Canadian Human Rights Act[2], since Nunavut is federally regulated for human rights issues. This means that landlords must accommodate tenants with disabilities, including those who need emotional support animals, unless doing so creates undue hardship (such as serious health or safety concerns).
Difference Between Emotional Support Animals and Service Animals
Service animals are trained to perform specific tasks for people with disabilities, while emotional support animals provide comfort but do not need specialized training. Both may be covered under the duty to accommodate, but supporting documentation is typically required for ESAs.
Can a Landlord Refuse an Emotional Support Animal?
Generally, landlords in Nunavut cannot deny tenants the right to keep an emotional support animal if it is required because of a disability. Exceptions only apply when:
- The landlord can prove the animal would cause undue hardship, for example, severe allergies of other residents or major property damage risk.
- The tenant cannot reasonably control the animal, leading to safety or hygiene concerns.
If your request is supported by appropriate documentation (such as a note from a qualified health professional), a landlord must consider accommodation even if the building has a general "no pets" policy.
How to Request an Emotional Support Animal Accommodation in Nunavut
To formally request permission for an ESA, take these steps:
- Obtain a letter from your physician or mental health professional explaining your need for an emotional support animal due to a disability (formal Nunavut-specific forms are not currently required).
- Write a letter to your landlord requesting accommodation, attach the medical documentation, and explain how the ESA will assist you.
- Keep records of all your communications.
- If the landlord refuses without a valid reason, consider making a complaint to the Canadian Human Rights Commission (CHRC).
There is no standardized Nunavut government form for this process, but all correspondence should be in writing and thorough for your protection.
Official Tribunal for Tenancy Disputes
All residential tenancy disputes in Nunavut are handled by the Residential Tenancy Office – Department of Justice (Nunavut). This office addresses issues under the Residential Tenancies Act (Nunavut).
If your landlord refuses your request, file a complaint with the Residential Tenancy Office or, if discrimination is alleged, with the Canadian Human Rights Commission.
Documenting Agreements and Moving In
Once your landlord agrees to the accommodation, make sure to document the agreement in writing. This protects both parties and helps avoid confusion later. For more information on what to do after your rental agreement is complete, check out What Tenants Need to Know After Signing the Rental Agreement.
Other Rights and Responsibilities Related to Emotional Support Animals
- You are responsible for ensuring your ESA does not cause damage or disturb other tenants.
- Regular cleaning and pet care are required to comply with hygiene expectations in the building.
- Landlords may request that you cover costs for any damages directly caused by your animal.
For a broad summary of local laws and obligations, see the Tenant Rights and Landlord Rights in Nunavut page.
Still searching for a new place where your emotional support animal is welcome? Search pet-friendly rentals on Houseme.ca for listings across Nunavut and Canada.
FAQ: Emotional Support Animals and Rental Housing in Nunavut
- Can a landlord in Nunavut enforce a "no pets" policy if I have an emotional support animal?
Generally, no. If you have documentation of your disability-related need, landlords must accommodate ESAs under human rights law unless they can prove undue hardship. - Do I need specific paperwork or registration for my emotional support animal?
No special registration is needed. A letter from your doctor or qualified health professional explaining your need for the animal is usually sufficient. - What if my landlord refuses my request for an ESA?
You should first try to resolve the matter in writing. If unsuccessful, you may file a complaint with the Residential Tenancy Office or the Canadian Human Rights Commission. - Can I be charged extra fees or deposits for having an ESA?
Landlords may not charge extra fees solely because you have an ESA. However, you are liable for any real damages caused by the animal. - What are my responsibilities as a tenant with an emotional support animal?
You must make sure your animal is well-behaved, clean up after it, and cover any damage beyond normal wear and tear.
Conclusion: Key Takeaways
- Nunavut landlords must generally allow emotional support animals when medically required for a disability, except in cases of undue hardship.
- Requests should be made in writing with supporting medical documentation.
- If you encounter problems, you have the right to file a formal complaint for review.
Need Help? Resources for Tenants
- Nunavut Residential Tenancy Office – Guidance on tenancy disputes and rental rights
- Canadian Human Rights Commission – Complaint process for discrimination and disability accommodations
- Nunavut Residential Tenancies Act (full text)
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