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Updated 6 months ago, 05/26/2024
ESA in a Primary Resident House Hack
Hey! I have been successfully renting out 3 rooms in my single family home while living in the unfinished basement for a little over two years now. I have only had to change over tenants one time and each three rooms are on separate month to month room rental agreements. One of my roommates/tenants has just brought up wanting to get an ESA dog and asked what I thought about it. Unfortunately I am actually allergic to dogs and they really trigger my asthma. I have read lots of literature on ESA rules in Montana, where I live, and unfortunately nothing directly covers owner occupied rental agreements. In the rental agreement it clearly states that the rented portion is just one bedroom with a shared bathroom. One piece of literature I have read indicates that an ESA may be turned down if the animal is too large to be kept in the space humanely, I would imagine a dog being kept in a 150 square foot room would not be considered humane. The literature also indicates that if the ESA directly threatens the health or well being of anyone on the premises than it can be denied as well, yet I have also read that allergies are not considered a "direct threat to health"... but it doesn't mention if the allergy induces asthmatic episodes. Very muddy water, appreciate any advice on the subject.
Thanks!