Can PEI Landlords Refuse Emotional Support Animals?

Emotional support animals (ESAs) have become an essential part of some tenants' lives, providing comfort and assistance for various mental health concerns. In Prince Edward Island, both tenants and landlords often have questions about legal rights when an ESA is involved. Below, we explore your rights, what the law says, and how you can handle requests about ESAs in PEI rental housing.

Laws Governing Emotional Support Animals in PEI Rentals

Prince Edward Island regulates rental housing under the Residential Rental Property Act^[1]. While the Act does not mention emotional support animals specifically, other legal protections may still apply—especially around discrimination based on disability.

Disability Rights, Discrimination & ESAs

Under the PEI Human Rights Act, landlords are prohibited from discriminating against tenants due to a disability. This means if a tenant requires an emotional support animal because of a documented disability, a landlord generally cannot deny a "reasonable accommodation" unless it would cause the landlord "undue hardship"^[2].

• What is a "reasonable accommodation"? This is a change in policy or practice, like permitting an ESA in a no-pet building, to ensure equal access for persons with disabilities.
• Landlords may ask for documentation from a licensed health professional to confirm the need for an ESA (but cannot ask for details about your diagnosis).

It's important to note that emotional support animals are not the same as service animals and do not have all the same rights. However, ESAs may still be protected under the human rights framework in certain cases.

Can Landlords Ever Deny ESAs?

Generally, landlords in PEI may only refuse an emotional support animal if they can prove that allowing it would:

• Cause significant damage to the property or increase health and safety risks for others
• Result in undue hardship (for example, severe allergies documented by other tenants)

Each situation is unique. The PEI Human Rights Commission can help resolve complaints where requests for accommodation (like having an ESA) have been refused.

Official Forms and How to Request an Emotional Support Animal

While there is no specific "ESA application form" in PEI tenancy law, here is what you should do if you need an ESA accommodation:

• Obtain a letter from a regulated health professional confirming your need for the animal due to a disability (such as a family physician, psychologist, or psychiatrist).
• Submit a written request to your landlord for accommodation, attaching your documentation.
• If denied, you may file a discrimination complaint with the PEI Human Rights Commission Complaint Form.

Where to Get More Information

The PEI Residential Tenancy Office oversees landlord-tenant disputes and can provide information on your rights and responsibilities. For discrimination complaints, contact the PEI Human Rights Commission.

If you're new to renting or want further guidance after moving in, check out Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Practical Considerations for Tenants with ESAs

• Tenants are responsible for any damage caused by an ESA.
• Landlords may not charge extra fees or "pet rent" for an ESA if it's a required accommodation, but typical security deposit rules still apply.
• Start every new rental relationship by discussing your needs respectfully with your landlord and providing clear documentation.

“Browse apartments for rent in Canada” on Houseme for more pet-friendly or accessible rental options.

To learn more about the overall rights of both tenants and landlords in the province, see Tenant Rights and Landlord Rights in Prince Edward Island.

Frequently Asked Questions: Emotional Support Animals in PEI Rentals

1. Can my landlord evict me for having an emotional support animal?
   No, landlords cannot evict tenants for an ESA if it is a reasonable accommodation for a disability, except in rare cases where the ESA causes serious issues or hardship for others.
2. What kind of documentation do I need for an emotional support animal?
   You need a letter from a licensed health professional confirming that you require the animal due to a disability (no need for sensitive medical details).
3. Is an emotional support animal considered a pet under PEI’s law?
   Not if it is medically required and you can provide documentation. However, you must care for the animal and be responsible for any damages it causes.
4. What should I do if my landlord says "no" to my ESA?
   You can file a complaint with the PEI Human Rights Commission for discrimination based on disability.
5. Does my landlord have to accommodate any type of animal?
   No, accommodations must be reasonable. The type of animal and its impact on others may be considered.

Summary: Key Takeaways for Tenants

• Landlords in PEI cannot refuse ESAs when medically required unless there is undue hardship.
• Get proper documentation and communicate clearly with your landlord.
• Contact the appropriate tribunal or human rights agency if you feel your rights are being violated.

Need Help? Resources for Tenants

• PEI Human Rights Commission – Help with discrimination and accommodation complaints.
• Residential Tenancy Office – Guides PEI rental laws and mediates disputes.
• Community Legal Information PEI – Free legal information for tenants.

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1. PEI Residential Rental Property Act
2. PEI Human Rights Act

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