January 30, 2025
Helena, MT- Today I am reminded of the phrase, “You don’t know what you don’t know.” I never knew the best type of snake for an emotional support animal (ESA) would be a Corn Snake. In fact, before hearing the lively debate on the Senate Floor concerning revisions of emotional support animals (ESA) under SB149, I had never considered a snake to be an “emotional support animal.” However, I have since learned that corn snakes are laid-back, easy to feed, and rarely bite, making them quite a good choice. To quote Cicero, “to each his own” – just not for me.
Possibly not for many landlords either…
This is the crux of bill SB149, sponsored by Sen. Denley Loge, a Republican from Saint Regis, MT. Tenants are taking advantage of unclear language that permits the purchase of online ESA designation letters, allowing them to classify their regular pets as emotional support animals and bypass no-pet policies. Ultimately, tenants demonstrating true need should be afforded their ESA and landlords need a clearer process to count on. The proposed language would require the attending mental healthcare provider to be licensed in the state of Montana in hopes of reducing the number of online, illegitimate ESA designations.
Untangling the Terms
I find the discussion a bit confusing because terms are often used interchangeably so let’s clarify quickly the three designations.
“Assistance animals” are not considered pets. “It is an animal that provides support, assistance, or performs tasks for a person with a disability or provides emotional support that alleviates symptoms of a disability.” So, both trained AND untrained animals fall under this terminology.
“Service animals” are specifically defined as a dog (or in some cases, a miniature horse) that is individually trained to perform tasks directly related to a person’s disability. Notable examples are Guide dogs for the blind or Medical Alert dogs to warn of impending medical emergencies. These are the ones we don’t ask to pet and the only ones allowed in non-animal friendly spaces such as restaurants. Service animals are very expensive and require specialized training and certification.
“Emotional Support Animals” (ESA) can be ANY animal that provides comfort and emotional support to an individual with a mental or emotional disability. Unlike service animals, ESAs do NOT require specialized training, not even behavioral basics, as they only provide comfort. Any domesticated animal can be an ESA- dogs, birds, hamsters, snakes, horses- one just needs a letter from their mental healthcare provider stating they could benefit from said ESA.
Striking a Balance: Emotional Support Animals vs. Common Sense
The past few years have given us some truly bizarre emotional support animal (ESA) stories—like the woman who tried to board a plane with her emotional support peacock or the college student who, when denied boarding with her pet hamster, made the rather extreme decision to flush it down the airport toilet. These tales, while shocking (and a near-tragic ending for the hamster), highlight a growing issue: people manipulating ESA rules to fit their lifestyle.
Airports are just one obvious example—landlords must deal with it daily. Under the Fair Housing Act, landlords are required to make reasonable accommodations for individuals with disabilities, which can include allowing emotional support animals, even in properties with no-pet policies. But here’s where things get tricky: there’s no set limit on how many ESAs a tenant can have, as long as a licensed mental healthcare provider says they could benefit from them. In theory, this could mean anything from a single, well-mannered dog to an emotional support petting zoo and underscores the complexities and risks landlords face. In testimony, John Sinrud representing the Montana Landlords Assoc said “There is no option for a landlord, they need to accept that” or face potential claims that can cost landlords tens of thousands of dollars to address legally. The complaint process is not about facts, it is “literally up to the complainant, through Fair Housing, to agree to a settlement.
Of course, tenants are responsible for any damage their ESA might cause. But let’s be real—many landlords find that suing for compensation is about as effective as trying to get blood from a turnip. Between legal fees and the time spent in court, sometimes it’s cheaper to just eat the cost and move on (hopefully without needing an emotional support animal of their own).
Clear communication and reasonable policies.
According to Boost Suite, as of 2023, the real estate, rental, and leasing sectors are among Montana’s top five small business industries, which highlight their significance to our state’s economy. Housing is an issue at the forefront of many discussions right now in our own legislature. If we can’t afford our landlords the respect and help of clearer guidelines or remedies, what do you think will happen? Fewer rentals mean higher prices, fewer options, and a tougher market for everyone, especially in Montana, where housing is already in short supply.
At the end of the day, SB149 aims to balance the rights of tenants who truly need ESAs with the ability of landlords to manage their properties effectively. Because let’s face it—no one wants to end up in a situation where the proverbial “donkeys” take over the house.