No, a landlord cannot make you get rid of your emotional support dog, cat, or other animal, regardless of the building’s no pet policy or your animal’s size, and landlords can’t require you to pay a pet fee for an emotional support animal. The only times a landlord can require you to get rid of your emotional support animal or evict you if you don’t are when the animal poses a direct threat to the safety or health of others, or if your therapist can’t verify your ESA letter is still valid (which is why you should renew your ESA letter each year).
Landlords sometimes make excuses for not accepting an ESA: some are acceptable, while many are not. In this post, we’ll explore the specific scenarios where your landlord can reject an emotional support animal.
If you want to see if you qualify for an emotional support animal, complete the questionnaire below to connect with a licensed mental health professional today.
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FAQ #1 – When can a landlord legally reject an ESA?
There are some circumstances when a landlord can reject your ESA. The right to own an emotional support animal is not absolute.
The biggest exemption under HUD’s rules for emotional support animals is the right to reject an emotional support animal if it would “constitute a direct threat to the health or safety of other individuals.”
That means the housing provider has actual proof that the ESA is a danger to the health and safety of others. They can’t just speculate that an ESA might be dangerous just because the animal is a certain size or breed. If your landlord tries to claim your ESA is dangerous or a health hazard, remember that they need to base their claim on evidence and not just perception.
Landlords can also deny an emotional support animal if the animal has caused substantial damage to the property. When requesting an ESA accommodation, it’s important to demonstrate that your emotional support animal is well-trained and will be a model citizen in your building.
Landlords can also reject an ESA if a tenant’s ESA letter is deficient. An ESA letter should be signed by a licensed healthcare professional and include specific details required under the guidelines set by the U.S. Department of Housing and Urban Development (HUD).
If you need an ESA letter, the healthcare professionals who work with ESA Doctors are licensed for your state and specialize in writing ESA letters that work.
FAQ #2 – Can certain types of landlords refuse emotional support animals?
Yes, there are four types of landlords that can refuse to accept emotional support animals:
- Owner-occupied buildings with no more than four units
- Single-family homes sold or rented by the owner without the use of an agent
- Housing operated by religious organizations
- Private clubs that limit occupancy to members (this does NOT refer to co-ops or HOAs, they do have to allow for ESAs)
FAQ #3 – How do I tell my landlord I have an ESA, especially if the building has a no-pet policy, monthly fees, or special pet deposit?
Informing your landlord you have an ESA can sometimes be challenging because many landlords are unaware of ESA regulations. Here are some steps to consider:
Step 1: Qualify for an ESA letter. Under federal and state laws, housing providers are entitled to see an ESA letter from a licensed healthcare professional as proof that you have a real emotional support animal.
Step 2: Know your rights and cite your sources. Sometimes, landlords are simply unaware of ESA laws. Other, less well-intentioned landlords may attempt to bully you by fabricating or misrepresenting rules. These practices can violate Fair Housing standards.
Step 3: Inform your landlord you intend to live with an ESA and then submit your ESA letter via email or in person. This shows that you have the necessary documents to live with your emotional support animal.
For more guidance, check out our post on how to inform your landlord about your ESA.
Get started on qualifying for an ESA letter by completing the questionnaire in the link below.
FAQ #4 – What do I do if my landlord rejects my ESA even after I show them my ESA letter?
If your landlord rejects your emotional support animal, you are entitled to know why. You should attempt to get their rejection in writing with as much specificity as possible.
Once your landlord has given their reasoning, Fair Housing guidelines require landlords to work in good faith with tenants to resolve any issues.
Under HUD guidelines, a landlord can only deny an ESA that poses a direct threat that can’t be eliminated or reduced to an acceptable level through actions the tenant takes to maintain or control the animal. For example, if the landlord’s concern about safety can be addressed by keeping the ESA within a specific space and avoiding certain sensitive common areas, that option should be explored. Or, if the landlord has concerns about the ESA letter, you can work with your healthcare professional to fix any mistakes.
If the concerns are about your ESA’s behavior, like if they think your ESA barks too much, take steps to show them that your ESA is being trained to address the issue and making progress on controlling their excitement.
If your ESA request gets rejected, be sure to get a clear explanation of why so you can work with the landlord toward a solution.
FAQ #5 – Can a landlord reject my ESA because my animal is very young or very old?
In short, emotional support animals cannot be denied due to their age. Landlords can’t deny an emotional support dog just because they’re a pup.
That said, you’re responsible for the actions of your ESA. If your puppy or kitten damages the dwelling, you are liable. The key is to clearly explain to your landlord that there are no age requirements for an ESA and that you will be a responsible owner and ensure your ESA, regardless of age, is well-behaved.
FAQ #6 – My landlord is requiring me to register my ESA. Can a landlord require ESA registration if I already submitted my ESA letter?
You don’t have to register an emotional support animal. This is a common mistake landlords make. They ask the tenant for a registration, certificate, or ID card for the emotional support animal. HUD only requires an ESA letter signed by a licensed mental health professional that is written on their official letterhead.
ESAs are also not required to wear special vests or tags. While some ESA owners use paraphernalia such as ID cards, vests, and certificates, they do so for convenience. These items can’t qualify your pet as an ESA, and landlords don’t have to accept them as proof of ESA status.
FAQ #7 – Can a landlord evict me for getting an ESA?
No, your landlord cannot evict you solely because you need an ESA. This is in direct violation of Fair Housing regulations. FHA laws were designed to protect people with disabilities against housing discrimination.
Emotional support animals are considered special assistance animals that provide health benefits for people with mental and emotional illnesses. Landlords can’t evict a tenant simply because they need an emotional support animal, even if their building policy or leasing terms ban pets.
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FAQ #8 – Can a landlord question me about my mental or emotional disability?
No, they cannot require specific disclosure about your health condition. While landlords are entitled to see an ESA letter confirming the tenant’s disability-related need for an ESA, they can’t go further.
HUD guidelines specifically prohibit landlords from requesting disclosure regarding the diagnosis, severity of a disability, or medical records. Housing providers also cannot insist on a medical examination as a condition for acceptance of an ESA.
If a landlord makes intrusive inquiries about your medical history, we recommend that you stay calm and clearly explain your rights to them. Let them know that inquiring about your disability is not allowed, and recommend they do their homework on Fair Housing Act rules before continuing to pressure you to disclose details regarding your disability.
What to do if your landlord continues to discriminate against your ESA
You and your landlord should attempt to do everything possible to reach an amicable solution to your ESA request. HUD encourages landlords to work together with tenants to work through any potential obstacles.
Most landlords are happy to comply with their Fair Housing rules, and some just require a little nudging to remind them of their obligations. However, a few landlords will persist in violating a tenant’s Fair Housing rights.
There are many examples of landlords being sued by the government for failing to live up to their Fair Housing obligations. If you have reached a dead end with your landlord and feel that your rights are being violated, you can consider filing a complaint directly with HUD.
If you need to contact HUD regarding a complaint, you can find their information below.
Online:
Housing Discrimination Complaint Online
Address:
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 7th Street, SW, Room 5242
Washington, D.C. 20410
Remember, filing a complaint should be a last resort option and used only when you feel you have exhausted every other option. You may also want to warn your landlord first that you are considering filing a HUD complaint regarding your disagreement.
You, your landlord, and your ESA will have to co-exist peacefully. The best route is always to reach a mutually agreeable resolution regarding your ESA.
Before approaching your landlord about your ESA, make sure your ESA letter is in order and that you fully understand your rights under Fair Housing rules. Landlords are much more likely to accept an ESA from a prepared and well-informed tenant.
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Landlords can’t deny a lease renewal just because of your need for an emotional support animal. You should make sure to have a valid ESA letter from a licensed healthcare professional so you have proof that you have a legitimate ESA.
hello, if the owners spouse has an apparent allergy to an ESA but does not live in the same building as me (as they are separate units) are they able to not renew my lease because of it?
Unless your dog somehow directly impacts the safety or health of this other tenant, we don’t see on what basis your landlord could reject your emotional support animal.
It says in HUD guidelines that letters from websites like this isn’t sufficient by itself. Are you willing to provide extra documentation?
That is incorrect, HUD guidelines don’t allow for certificates, registrations and licenses purchased online to qualify someone for an ESA. We do not offer any of those items. HUD guidelines further say this: “By contrast, many legitimate, licensed health care professionals deliver services remotely, including over the internet.” We only work with licensed healthcare professionals that can write ESA letters. We wrote a guide to HUD’s rules which you can find at this link: https://esadoctors.com/hud-housing-rules-emotional-support-animals/
My landlord is wanting a disability certification form to be filled out. within this form is requesting dates of treatment within the last 12 month and asking if my Dr. is willing to testify in court related to my requests. Is this valid information to ask for?
Your landlord is asking for things in direct contravention of HUD’s rules. Forms of that nature are no longer allowed. You never need any “certification” for an emotional support animal. In addition, landlords are not permitted to ask healthcare providers to testify under oath. All your landlord is allowed to ask for in terms of documentation is an ESA letter from your therapist or medical professional. Please see this link for more info: https://esadoctors.com/hud-housing-rules-emotional-support-animals/
My landlord is asking for a letter from my primary health care provider stating I need my esa. I have already submitted her certificate and ID to them but they said “they need their own records” is this legal.
Certificates and IDs do not prove you have an emotional support animal. Landlords are entitled to see a signed ESA letter from a licensed healthcare professional.
Tenants moved upstairs from me signed the application and lease saying they had no pets or animals but the day they moved in there were two cats upstairs. A landlord lives in a basement apartment I live on the first floor they live on the top floor. I’m highly allergic and now I might have to move because now the tenants are claiming that they are emotional support pets. What can my landlord do to help me? I’ve lived here for 8 . years. And severely allergic and on top of that the cats run around all night long and wake me up. How is this fair to other tenants?
You might find this article about allergies and ESAs helpful: https://esadoctors.com/can-a-landlord-deny-an-emotional-support-animal-because-of-allergies/
Can your landlord limit the allowed amount of ESAs acceptable
There is no technical limit to the number of ESAs a person can however. However, there are practical limitations. Your healthcare professional must agree that you need each ESA and they must all be covered by an ESA letter (having one ESA letter that mentions each of the animals is fine). You must also be able to safely and humanely accommodate all of the ESAs within your living space. If you meet these requirements, ESAs should not count towards a building’s pet limits. Please see this article for more info: https://esadoctors.com/how-many-emotional-support-animals-can-you-have/
I notified my landlord that I will be getting an ESA and now they’re threatening to not allow me to renew my lease when the lease ends. Can a landlord legally deny me from renewing a lease because of an ESA? I live in Texas.
Landlords cannot discriminate against tenants simply for needing an ESA for a disability. That is one of the core principles of the Fair Housing Act.
My landlord prohibits pittbull dogs and said they could not honor an ESA with a pittbull dog and due to it being a husky cross breed puppy it will grow to a larger size which is also prohibited….its a 6 unit appmt and no one else has a dog….im.paranoid if I go over the landlords head I’ll ruin my lease and get evicted at the end of it.
Landlords cannot enforce breed and weight restrictions for dogs that are emotional support animals. Please see this article for more info on ESA housing rights: https://esadoctors.com/fair-housing-act-emotional-support-animals/
What is the best way to handle a ESA ownerwho has 2 barking dogs that bother other renters in a 8 unit condominium for 5 weeks after being warned by their property manager? Everyone understands the need for the ESA policy but no one knows the proper procedure in California (Santa Barbara) for dealing with this issue. This same individual wants to rent another unit for another 8 weeks. THe dogs bark incessantly and we are very unclear as to how to solve this properly and still be respectful of everyone’s rights. Please help. There needs to be some balance and not simply damage that is a reason for an individual who doesn’t manage the dogs not to rent again. No one has an issue with ESA -just very noisy dogs barking and disrupting. They put on bark collars they said but it has not resolved. Thank you for any insight.
If the emotional support dog is causing a nuisance, an HOA can intervene. An ESA cannot create a disturbance for other tenants. The condo HOA can give warnings to the tenant and take other measures according to their association rules.
does this apply to apartments without an HOA?
ESA rules apply to most landlords, they do not have to have an HOA. That includes rental buildings, co-ops and condos. Only some smaller landlords are exempt: owner-occupied buildings with no more than four units and single-family homes sold or rented by the owner without the use of an agent.
If I have 2 dogs who are my ESAs and I got a 3rd dog who is not currently registered as an ESA, would I be able to get an apartment if they have a 2 pet limit policy or can they reject me? Do the ESAs count towards that pet limit? Thank you!
To clarify, you do not need to “register” an ESA. To prove that you have more than one emotional support animal, you will need an ESA letter that covers each of the animals. ESAs are not considered ordinary pets under HUD’s rules – they are assistance animals for the disabled. Therefore, they should not count towards building pet limits. They can even be brought into buildings that ban all pets. Please see this post on qualifying for multiple ESAs: https://esadoctors.com/more-than-one-emotional-support-animal/
I have an esa. My landlord is requesting years of vaccination records whuch I do not have. I only have my esa’s last vaccination records from 8 months ago.
Recent vaccination records or confirmation that your ESA is up to date should be enough. There is no reason the landlord should need years of vaccine records to approve an ESA.