WISCONSIN LANDLORDS: What is Wisconsin's law on what landlords can and cannot do when it comes to emotional support animals?

The federal Fair Housing Act (FHA) and Wisconsin's Open Housing Law protect the rights of individuals with disabilities to have service animals and other assistance animals, including emotional support animals (ESAs), as a reasonable accommodation, even when a landlord's lease, rules or policies prohibit pets or impose breed, size or number restrictions. A housing provider generally must provide a reasonable accommodation unless doing so would impose an undue financial or administrative burden or fundamentally alter the nature of the housing provider's operations.

A reasonable accommodation is a change in a rule, policy, practice or service that is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling unit and the common areas. Assistance animals may include guide dogs, hearing dogs and emotional support animals. Unlike service animals under the Americans with Disabilities Act (ADA), assistance animals under the FHA are not limited to trained animals.

If a prospective tenant or tenant needs a service or assistance animal, the individual should request a reasonable accommodation from the landlord or housing provider, preferably in writing. If the disability or disability-related need for the animal is not readily apparent, the housing provider may request reliable documentation establishing that the individual has a disability and that the animal provides disability-related assistance or emotional support. The individual is not required to disclose the nature or severity of the disability or provide a detailed medical history, and federal law does not require service animals or emotional support animals to be registered, certified or carry special identification.

A housing provider may deny a request for a reasonable accommodation if the individual does not have a disability or a disability-related need for the animal, the requested accommodation would impose an undue financial or administrative burden or fundamentally alter the nature of the housing, or the specific animal poses a direct threat to the health or safety of others or would cause substantial physical damage that cannot be eliminated or reduced through another reasonable accommodation. Each request must be evaluated on an individualized basis, and housing providers generally may not rely on assumptions, stereotypes or generalized concerns about a particular breed or type of animal.

If a prospective tenant's decision to enter into a lease depends on obtaining the requested accommodation, the tenant may wish to make entering into the lease contingent on the landlord approving the accommodation. If the accommodation is denied, the prospective tenant may choose not to proceed with the lease or may pursue available remedies under applicable fair housing laws.

HUD has rescinded prior guidance regarding assistance animals and modified its enforcement posture with respect to untrained assistance animals and emotional support animals. These changes affect HUD's enforcement approach but do not amend the Fair Housing Act itself. Wisconsin's Open Housing Law likewise continues to protect individuals with disabilities who require service or assistance animals as a reasonable accommodation.

Individuals who believe they have been subjected to unlawful housing discrimination may pursue available remedies through a private legal action or by filing a complaint with the Wisconsin Department of Workforce Development. Tenants and landlords with questions regarding their rights or obligations should consult private legal counsel. REALTORS® should not advise tenants or landlords regarding whether a requested accommodation must be granted because those determinations are highly fact-specific.

See Wis. Stat. § 106.50(2r)(bg) and (br).