Service Dogs, ESAs, and Pet Deposits: What New Hampshire Landlords Can Legally Restrict

Navigating the rules around pets, Service Dogs, and Emotional Support Animals (ESAs) is one of the most common legal headaches for landlords in New Hampshire. While a landlord has the absolute right to ban standard pets like a typical golden retriever or a domestic cat, the moment a tenant claims that animal is necessary for a disability, the rules completely change.

Under both the federal 42 U.S.C. § 3604 and state anti-discrimination laws, landlords must provide reasonable accommodations for tenants with disabilities. This means waiving pet rules and fees. However, landlords are not powerless. You have the right to request specific documentation to prevent tenants from abusing the system just to sneak in a pet. Connecting with a knowledgeable real estate attorney through our US Lawyers Directory can help you implement legally compliant animal policies.

Step-by-Step Guide for Processing ESA Requests

Whether you manage an apartment in Manchester or a duplex in Laconia, handling a tenant's request for an assistance animal requires a careful, legally sound process.

Step 1: Receive the Accommodation Request

A tenant must formally request a "reasonable accommodation" to bypass your no-pet policy. This request does not have to be on a specific state form, but it should be documented in writing. If a tenant simply moves a dog in without asking, they are technically violating the lease until the accommodation is officially requested and granted.

Step 2: Evaluate the Disability and the Need

If the tenant's disability is completely obvious (e.g., a blind tenant with a guide dog), you cannot ask for medical documentation. However, for invisible disabilities (like depression requiring an ESA), you are legally allowed to ask for reliable documentation from a healthcare professional confirming that the tenant has a disability and that the animal provides necessary therapeutic benefit.

Step 3: Waive the Pet Fees and Deposits

If the documentation is valid, you must approve the animal. More importantly, you cannot charge a "pet deposit" or monthly "pet rent." The New Hampshire Commission for Human Rights, Concord strictly views these animals as medical equipment (like a wheelchair). You cannot charge a fee for a wheelchair, and you cannot charge a fee for an ESA.

Step 4: Enforce Standard Lease Rules

Approving an ESA does not give the tenant a free pass for bad behavior. The tenant is still 100% financially responsible if the animal destroys the carpets or chews the drywall. You can deduct these specific damages from the standard security deposit when they move out. Furthermore, if the animal is aggressive and bites someone, you can demand its removal.

Requesting Medical Documentation for ESAs

The rise of online "ESA certification mills" has frustrated landlords. In New Hampshire, you do not have to accept a generic certificate bought on the internet for $50. You can require a letter from a licensed healthcare provider (doctor, therapist, or social worker) who has an actual therapeutic relationship with the tenant. The letter must state the tenant has a disability under the law and that the specific animal provides emotional support that alleviates a symptom of that disability.

Evicting for Unauthorized Pets

If a tenant brings in an animal and refuses to provide the required medical documentation when asked, or simply claims "it is just a pet," you can proceed with a standard eviction for a lease violation. You would issue a 30-day Notice to Quit (or a 7-day notice if the animal is creating a severe hazard) and file Form NHJB-2333-DP, New Hampshire, Judicial Branch, Landlord and Tenant Writ at your local district court, such as the 9th Circuit District Division, Nashua.

Breed Restrictions and Landlord Liability

Many landlords have property insurance policies that will instantly cancel coverage if a "dangerous breed" (like a Pitbull or Rottweiler) lives on the premises. If an ESA request involves a restricted breed, you might be able to deny it. Under the FHA, an accommodation is not "reasonable" if it poses an undue financial or administrative burden. If approving the Pitbull ESA means you lose your property insurance entirely and cannot secure alternative coverage, courts generally side with the landlord.

How Much Does it Cost in New Hampshire?

Handling disputes regarding fair housing and assistance animals can involve various costs.

How Long Does the Process Take?

When a tenant submits an ESA request, the landlord should respond promptly, ideally within 10 to 14 days. Ignoring the request is legally considered a denial and can trigger an immediate discrimination complaint to the U.S. Department of Housing and Urban Development, Manchester field office. If a dispute escalates into an official fair housing investigation, the state or federal probe can last anywhere from 3 to 12 months before reaching a resolution.

Frequently Asked Questions (FAQ)