Question
If my apartment allows two cats- but I have three, one being an emotional support animal, can I be evicted?
Answer
Even when there is a building policy, lease, or law limiting the number of cats a tenant may keep, these restrictions generally don’t apply to service or emotional support animals. These animals are not considered pets. If your landlord asks you to remove one cat or commences an eviction proceeding against you, I suggest you retain a disability or landlord/tenant attorney to protect your rights. The Department of Housing and Urban Development (HUD) clearly states in its January 2020 Notice regarding assistance animals and housing: “Assistance animals are not pets.” For a copy of the HUD Notice referred to above and for information on filing a complaint, see: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf. and Report Housing Discrimination | HUD.gov / U.S. Department of Housing and Urban Development (HUD). State and local organizations dedicated to protecting the rights of tenants and of disabled individuals may also be contacted.
In the meantime, it would be prudent to have evidence, such as a letter from a health care professional, indicating that the cat is an emotional support animal.
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