The Landlord's Guide to Emotional Support Animal Laws in Toledo

Toledo is in the middle of a mental health crisis, and tenants are looking for ways to cope. Only 12 of the state’s 88 counties have enough mental health care providers, designating most of the state as a shortage area. Lucas County, home to Toledo, is one of many where demand for mental health services far exceeds supply.

That shortage has left many residents without reliable access to therapy or psychiatric care, causing them to turn to emotional support animals (ESAs) instead. For landlords, that means understanding the emotional support animal laws in Toledo has become even more important. This guide will unpack everything you need to know about identifying and verifying ESAs, along with tips for protecting your investment and creating a welcoming atmosphere for tenants.

What Is an Emotional Support Animal?

An emotional support animal (ESA) is a domesticated animal prescribed by a licensed mental health professional to help treat symptoms associated with a mental health condition. These animals do not require specialized training. Their purpose is to provide comfort simply by being present. 

Ohio law doesn’t use the term “emotional support animal” in its statutes. Instead, the Ohio Administrative Code defines an “animal assistant” as “any animal which aids the disabled.” However, housing providers are still bound to federal guidelines, which has stricter rules in some cases. 

Emotional support animals in Toledo are usually dogs or cats, but they can also be rabbits, birds, or other common household pets. The law doesn’t restrict ESAs to any one species, as long as the animal doesn’t create health or safety concerns and it’s legal to keep in a residential setting. 

Tenants with ESAs are often experiencing mental health disorders like PTSD, depression, anxiety, phobias, or OCD. Researchers at the University of Toledo found that having an ESA could lower blood pressure and cortisol levels (the stress hormone), reduce feelings of loneliness, and promote the release of oxytocin (the hormone responsible for emotional bonding). They can also encourage tenants to exercise more often and make them feel more confident in social situations.

The emotional support animals in Toledo play a key role in the lives of many tenants, making it crucial for landlords to respond to ESA requests compassionately. Although fraudulent ESA requests exist, you should strive to treat every case as if the animal is genuinely needed. 

The Differences Between Service Animals, Pets, and Emotional Support Animals

Although emotional support animals in Toledo provide critical support, they are not the same as service animals. At the same time, they’re different from regular pets. Here’s how to tell them apart:

• Pets: Everyday pets are not covered by the emotional support animal laws in Toledo. Landlords can choose whether they want to allow pets and may impose pet rent, deposits, and breed or size restrictions. 

• Service animals: Service animals have protections under the Americans with Disabilities Act (ADA), allowing them into most public spaces, including housing, without being subject to fees or restrictions. They are usually dogs, but can also be miniature horses in rare cases. These animals are trained to do certain tasks, such as retrieving dropped items for someone in a wheelchair or alerting a person with epilepsy to an oncoming seizure. You cannot request documentation for them, but you can ask the tenant whether the animal is needed for a disability and what type of task it performs. 

• Emotional support animals: ESAs are protected by the Fair Housing Act (FHA), not the ADA. They don’t need to be task-trained, but must be used in the treatment of a mental or emotional disability. Landlords can require documentation for them, but they are not subject to any fees, deposits, or no-pet policies. 

Service animals have the most protection under the law, but the emotional support animals in Toledo trail closely behind. Avoid treating ESAs like pets, as doing so could expose your rental property to untrained animals, causing potential damage and disturbances. At the same time, if you treat them like service animals, you miss your chance to request verification to ensure the animal is a legitimate ESA. By understanding the differences, you can respond to every request with care and confidence. 

Legal Protections for Emotional Support Animals in Toledo

Emotional support animals in Toledo are primarily protected under the Fair Housing Act (FHA), which prohibits discrimination based on disability. This includes a requirement that landlords provide “reasonable accommodations” for tenants needing an ESA. 

For landlords, this means:

• You must allow an ESA, even if your lease has a no-pet clause
• You cannot charge pet rent, pet deposits, or restrict by breed or weight
• You must treat ESA documentation as confidential medical information
• You must accept an ESA even if the tenant submits the request mid-lease

Although you can’t charge fees upfront, you can recover the cost of repairing damage the animal creates while living in your property. You can also require the tenant to clean up after their animal and ensure it’s not disturbing other residents. 

How to Validate Emotional Support Animals in Toledo

Emotional support animals in Toledo aren’t considered legitimate until they’re verified with documentation. However, landlords must be careful to respect the tenant’s privacy during the process by not asking questions beyond what the law allows. 

According to the emotional support animal laws in Toledo, you can ask the tenant for documentation from a licensed healthcare professional that confirms the tenant’s disability and states how the ESA helps them. The letter can come from a primary care doctor, therapist, psychiatrist, LCSW, or nurse practitioner. Telehealth providers are also permitted to write ESA letters so long as they’re licensed in Ohio and do a live video session, not a phone call. 

Emotional Support Animal Housing Letter Checklist

To protect yourself while honoring the tenant’s rights, make sure every ESA letter includes the following:

• Printed on the provider’s official letterhead
• Provider’s contact information and license number
• A statement confirming that the tenant has a qualifying mental health condition
• A description of how the ESA alleviates symptoms related to the disability
• The provider’s signature and the date the letter was issued (must be within the last year)

Following this checklist will help you stay compliant with both federal and Ohio state laws, while also filtering out unqualified or fraudulent ESA claims. HUD and the Federal Trade Commission (FTC) have started cracking down on websites that sell ESA documentation without a legitimate mental health evaluation. These services often advertise fast approvals and lifetime registrations, but they do not carry any value and can scam tenants out of substantial amounts of money. 

If an ESA letter doesn’t look quite right, the emotional support animal laws in Toledo allow you to follow up with the tenant and reject invalid documentation. Just be sure to communicate respectfully with the tenant, assuming the best and avoiding prying into their detailed medical records. 

Can Landlords Reject Emotional Support Animals in Toledo?

In most cases, landlords in Toledo are required to allow emotional support animals under the FHA. However, there are some situations where the emotional support animal laws in Toledo may not apply. If you’re a landlord who meets one of these exemptions from the FHA, you are not required to allow ESAs to live in your property:

• Landlords living in a building with four or fewer rental units
• Individuals renting out a single-family home without a broker and owning no more than three total rental properties
• Religious organizations or private clubs that only allow their members to live there
• Senior housing facilities (55+)

Qualifying for one of these exemptions doesn’t mean you have to turn down ESAs. It just gives you the right to do so. Should you use one of these exemptions to reject an ESA, be open with the tenant about your reasoning and make sure to document all interactions in detail, just in case a dispute is filed. 

When Can a Landlord Legally Deny an ESA?

There are other situations where a landlord can say no to an ESA without violating the law. These reasons mostly come down to protecting other residents and the property itself. You are allowed to deny emotional support animals in Toledo if:

• The animal poses a direct threat to the health or safety of others, such as having a history of violent behavior or biting.
• The animal causes significant property damage
• The animal disrupts other tenants' quiet enjoyment, such as through excessive barking or roaming off-leash.
• The tenant refuses or fails to provide valid documentation from a licensed healthcare provider that supports the need for an ESA.
• The animal is not housebroken.
• The animal would funda mentally change the landlord’s rental business or result in a financial or administrative burden that cannot be eliminated through reasonable steps.

Always take notes, keep photos, and save written complaints from other tenants when dealing with ESA requests, and especially when denying them. These records can help you prove that the issue was about behavior, not discrimination. Rejecting emotional support animals in Toledo because of personal preferences or opinions is a quick way to get in legal trouble. 

If a landlord has a legitimate ESA and you deny it, they may file a complaint with HUD or the Ohio Civil Rights Commission. That can lead to hefty fees, lawsuits, and other penalties that may harm your business and reputation. It’s essential to handle every request delicately, balancing the needs of your tenants with the rights you have as a property owner.  

Wrapping Up: Following the Emotional Support Animal Laws in Toledo

Landlords are in a unique position to help create a more inclusive and mentally healthy housing environment. With emotional support animals in Toledo becoming more common, it’s more important than ever to stay informed, flexible, and legally compliant. Knowing what rules apply to behavior and documentation, and when you can legally say no can help you support tenants while protecting your property. 

If you’re tired of losing sleep over the emotional support animal laws in Toledo, consider partnering with a property management company like Evernest. Our team handles all the legal details for you, from tenant communication to verifying documentation. Reach out to us today to take the guesswork out of ESA laws and focus on growing your rental business instead!