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What are KS laws regarding 'Emotional Support Dog' in non-dog apts?

Overland Park, KS |

When a potential renter suffers from Depression or other emotional problems and the Doctor recommends a dog to help with these issues, what are they to do when the Apartment Managers still say NO, or won't respond at all.

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Attorney answers 2

Best Answer

This is a Fair Housing Act issue. In housing, a disabled person has a right to keep a pet for therapeutic/companion purposes as an accommodation. The dog does not have to be a "service dog" as that term is used in the context of the ADA. The first step a renter must take is to make a written request for the accommodation. If there is a doctor's note, then there is really no basis for the apartment manager to deny the accommodation. But if they do, then you can file a complaint with the local housing authority, or with the state or federal housing authority, or you can retain an attorney to challenge the denial of the accommodation. But the first step is to make the request in writing and be clear that you are asking for an "accommodation" pursuant to your rights as a disabled individual under the Fair Housing Act.

I am providing this general and basic information as a public service, and my response to this question does not constitute an offer of representation. I do not have enough facts about the situation you present to provide a more detailed answer. If you have not signed a fee agreement with my firm, then I do not represent you.



Thank you for responding, I can't get them to even return my call or respond to my e-mails. I don't want to start out a new lease with issues, just wish they were more professional.


Under the ADA an "emotional support animal" is NOT a service animal, meaning that a landlord can refuse to rent to a person that requires an emotional support animal if the property does not allow pets. I could not find any Kansas law on point, so the state likely follows the ADA.

The Johnson County Department of Human Services may be able to give you a more definitive answer:

If we do not have a signed fee agreement I am not your attorney and this is not legal advice.



Thank You!

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