Mental disabilities, such as mental retardation, mental illness, and special learning disabilities, qualify under the federal statutes. Also, the mental impairment must affect the person’s ability to perform major life activities such as caring for one’s self, walking, or working.
The tenant must request a waiver of the "no pets" policy from the landlord, explaining that he or she has a mental disability and needs the emotional support animal to lessen the effects of the disability. A note from a physician to this effect is often used to inform the landlord of the disability and request the accommodation. Mere emotional distress that would result from having to give up an animal because of a "no pets" policy will not qualify under federal law. Instead, there must be a link between the animal and the disability.