No, there are no legal requirements to disclose you have an ESA when you are filling out a lease. Renters with emotional support animals (ESA) often face a quandary when signing a new lease, especially if they are moving to a no-pets building. Even though ESA owners are protected against discrimination under housing laws, they worry they will be denied because of their animal.
Under Fair Housing guidelines, emotional support animals are not considered pets and are exempt from pet policies. Even buildings that ban all pets have to reasonably accommodate ESAs. Not only that, ESA are exempt from pet fees and deposits, as well as size and breed limitations. You are not required to request reasonable accommodations before you sign a lease.
You can choose to disclose your ESA before or after you sign a lease. Your landlord must consider your ESA letter in good faith even after you sign a lease and move in.
Best practice:
You can choose to disclose your ESA early and before moving in if you want to discuss your ESA with your landlord ahead of time. If your landlord raises an issue with your ESA, it may be better to address those concerns sooner. It can be stressful disclosing an ESA before move-in, but that anxiety can be magnified if your landlord later disputes your ESA after moving in.
When a landlord deny an ESA:
A landlord can only reject an ESA in limited circumstances (like when they have proof your ESA is dangerous). You are liable for the actions of your ESA.
Most landlords fully acknowledge their Fair Housing obligations and accept ESA letters without a problem. You should be confident that housing laws protect you from discrimination. Instead of hiding your ESA to avoid conflict, you can choose disclosure is the best way to prevent unexpected confrontations later on.
If you’re struggling with your emotional or mental health and animals make you feel better, see if you can qualify for an ESA.
Please review the FHA requirements, your “Few Exceptions” are lacking. Landlords that rent their own properties and own 3 or less such properties are not required to allow ESA’s.
Also if the LL lives owns a duplex and lives next door they are part of what is considered “Owner Occupied” and again do not have to allow ESA’s.
I commend you for at least advising people to disclose, but really they need to understand if they are renting from a property management company or an individual.
If you are going to give people advice, please make sure it is at least accurate.
Thank you for pointing that out. The FHA exceptions are important for renters to understand, and we do cover those in more depth in other articles, such as this one on landlords and ESAs https://esadoctors.com/landlord-emotional-support-animal/
We’ll review the section in this article to make sure the information is more complete.
How would anyone know if they are being discriminated against by early disclosure of having an ESA? The Property manager can opt to ‘choose’ another applicant and you’d have no way of knowing the real story.
These situations can be tricky and is also why many anxious renters choose to disclose their ESA after signing the lease. The risk with that approach however is losing goodwill with the landlord, but if you have a well-behaved ESA without any safety or health issues, you usually have solid ground to stand on under Fair Housing rules. We always recommend being honest and open with landlords about your ESA and trusting that they’ll comply with their Fair Housing obligations.