Emotional Support Animals are Protected by Two Federal Laws:
- The Fair Housing Act (FHA) – The Department of Housing issues guidance relating to the FHA
- The Air Carrier Access Act (ACAA) – The Department of Transportation issues guidance regarding the ACAA
In order to be receive protections under these two Emotional Support Animal Laws, you must first qualify for an ESA letter from a licensed mental health professional. If you feel that an Emotional Support Animal will benefit your life, complete the questionnaire in the link below to certify your dog as a verifiable Emotional Support Animal.
Update, November 2019: Department of Transportation has provided clarification on the Air Carrier Access Act regarding Emotional Support Animal Travel Regulations.
Overview of the Emotional Support Animal Laws
Emotional Support Animal owners must be accommodated under federal ESA laws in two areas: housing and air travel.
Emotional Support Animal Housing Law
Under Emotional Support Animal Housing Laws, ESAs must be allowed housing access, even in “no pets” buildings.
Landlords, home owners associations, co-ops and building managers must make reasonable accommodations for Emotional Support Animals.
Based on Emotional Support Animal Laws, an ESA is not considered a normal pet. Therefore a building’s policies regarding pets do not apply.
The Fair Housing Act allows you to LEGALLY live in rented apartments, condos, homes, etc. with your emotional support animal.
Emotional Support Animal Housing Policies Based on the Fair Housing Act
Landlords, apartment managers, HOA’s, and co-op boards must follow the policies set out by Emotional Support Animal Housing Laws.
- Landlords are not permitted to impose breed, weight and size limitations on ESAs
- Landlords are not allowed to charge fees or deposits in connection with ESAs
- Landlords are not allowed to request medical information or ask to contact your LMHP
- Landlords are allowed to deny an ESA if accommodating the ESA would impose an undue financial burden and if the landlord determines that the ESA poses a threat to the health and safety of others
If you are ready to seek reasonable accommodations for you and your ESA, it would be helpful to read this guide to renting an apartment with your ESA.
Emotional Support Animal Travel Law
Based on the ACAA, the Emotional Support Animal Travel law, your ESA is allowed to fly with you inside the airplane cabin.
Under the ACAA, you have a right to fly with your Emotional Support Animal. In addition, the Department of Transportation recently issued updated guidance regarding traveling with your Emotional Support Animal.
Airlines cannot charge you a fee to fly with your Emotional Support Animal.
The ACAA allows you to LEGALLY fly for free with your emotional support animal.
Emotional Support Animal Airline Policies Based on the ACAA
- The airline is not allowed to charge fees in connection with your Emotional Support Animal (ESA)
- The airline cannot unilaterally place weight or breed restrictions on an ESA dog, cat, or miniature horse
- The airline may ask that you contact them at least 48 hours before departure to make sure you have all the necessary airline forms submitted
- The airline may request your veterinarian to complete a form regarding your ESA’s health
- Airlines can now deny exotic or unusual animals such as snakes, rodents, spiders, etc.
When you are ready to fly with your ESA, you can read about some tips here.
Emotional Support Animal Requirements
The difference between a legitimate Emotional Support Animal and a pet is a letter from a licensed therapist. Your pet may functionally already be acting as your ESA.
Your pet is not recognized as an ESA in the eyes of the law until you qualify for an ESA letter.
An ESA recommendation letter –
- Is written by a licensed mental health professional (LMHP)
- It states you suffer from a mental or emotional disability (such as severe anxiety, depression, or phobia) and the ESA is necessary to alleviate symptoms of your disability
- Must be written on the therapist’s letterhead and be signed and dated
- Must include the LMHP’s license and contact information so the housing provider or airline can verify the letter
ESA Letter Renewal Requirements
For purposes of air travel, ESA letters are only valid for one year from the issue date. Fair Housing does not require annual updates, but it is recommended as well.
How Do I Get an ESA Letter from ESA Doctors? Click Below.
Are Emotional Support Animals and Service Dogs the Same Thing?
No, Emotional Support Animals are not the same as Service Dogs.
It is important to note that Emotional Support Animals (ESAs) and Service Dogs are governed by different sets of laws. ESAs are not Service Dogs, which have rights under the Americans with Disabilities Act (ADA) and are generally allowed anywhere the public is allowed. Service Dogs are specially trained to perform tasks for people with disabilities, such as guide dogs or seizure alert dogs.
Emotional Support Animals on the other hand do not require special training and provide support through companionship. ESAs can help alleviate the symptoms of mental and emotional conditions such as:
ESA Registration is Not Required
All you need to qualify for an emotional support animal is an ESA letter.
It is not legally necessary to register your Emotional Support Animal. Some owners choose to voluntarily register their Emotional Support Animals and obtain cards and vests to make it easier to deal with the public.
You should be aware however the only way to officially have an emotional support animal is by obtaining a recommendation letter from a licensed mental health professional.
If you would like, you can contact Service Dog Certifications and request to register your Emotional Support Animal. You can also order a custom ESA Identification Card and ESA vest. These are items that may make travel easier, but you can never be required to have them.
Emotional Support Animals and Your Wellbeing
ESAs have helped thousands of people live happier and healthier lives.
If you are suffering from an emotional or mental disability an ESA may be able to provide you with the stability and comfort you need. The best way to obtain an ESA letter is through your therapist. If you are not currently seeing a therapist or do not have access to a therapist, ESA Doctors is a great place to turn to for support.
ESA Doctors will help pair you with a licensed therapist who is familiar with animal therapy to help you.
You can read about why ESA Doctors is the best choice to see if you qualify for an ESA letter here.
To qualify for an ESA letter, complete the questionnaire in the link below.
Can a landlord put a size,breed, weight stipulation on an ESA?
No, emotional support animals are exempt from size, breed and weight discrimination. ESA’s are only judged on their behavior. If your ESA poses a threat to other tenants your landlord may have a claim to deny your ESA access.
a hotel is charging for a pet fee…$100 for my ESA pet. I am maybe improperly informed but was told they can’t charge for a ESA Pet after showing mine and the pets proper credentials?
ESAs have rights in your home pursuant to the Fair Housing Act and on flights pursuant to the Air Carrier Access Act. They do not have the right to stay in hotels free from any pet charges. People often confuse ESAs with service animals, which have greater rights than ESAs do.
can an apartment require you to sign a pet addendum for an ESA when you have already given them your paperwork from your doctor regarding your ESA? also in this case can they request you give the dogs shot records as well?
The Department of Housing has not given specific guidance on this. Some landlords do require an addendum, which are sometimes reasonable but sometimes well beyond the scope of what they are permitted to ask for.
My son is disabled and I took him to his mental health doctor who wrote out an ESA letter for him. When we presented letter to our landlord they refused to accommodate him and his wife said they would let us out of the lease to find another place if we want to continue with the ESA
We are very sorry to hear that. If your landlord is presented with a valid ESA letter, they must accommodate your ESA except in limited circumstances, such as if your ESA presents a danger to others or the accommodation would result in an undue financial burden. If your landlord is rejecting your ESA request, they must give you the specific reasons they are doing so.
The only reason they have given us for refusing our ESA is they have uneasy feeling due to how past tenants have done them with pets not a Esa
Can my landlord make me get obedience training for my ESA dog
HOLY SH@@ I am sure there are people who honestly need the emotional support of a loving animal, to safely get thru their day (and night). but once again the country has thrown common sense out the window. Many people are allergic to animals, or afraid of them, or simply recognize that animals dont belong in grocery stores. If this needs to be a law there MUST be sensible parameters set up too. Suppose my next door neighbors idea of emotional support is a pet rattlesnake? Should I, and others be forced to accept this? Perhaps limiting the type of animal, and, yes, even specific breeds of dogs that statistically are shown to be aggressive. Should be limited.
Because some people will test the limits and patience of the society they live amongst just because they can. In addition to those parameters, there need to be repercussions for infractions. I have a dog that I love, too we play, walk and sleep together. Sometimes hes my only friend but I dont believe my dog OR YOURS belongs in restaurants, grocery stores, church or pretty much anywhere except my home. The limitations and regulations should have been written before any such wide ranging law be put into effect. Where is our common sense?
It is a common misconception that ESAs have free access to public places like restaurants, grocery stores and churches – they do not. There are already federal regulations that set up sensible parameters for ESAs, the Fair Housing Act and the Air Carrier Access Act, which allows people to live at home with their ESAs and fly with them. An ESA can also be rejected by a landlord or airline if the ESA poses a threat to others. However, both the Department of Housing and Department of Transportation have given guidance that categorical bans on certain breeds is not allowed.
Yes, there are some who take advantage of situations.
I am happy that you and your pet share a great bond.
The difference between you and me is that I have Depression. If you had Depression, you might better understand how an ESA could really make a difference in someone’s life.
All the best to you.
As stated thoroughly throughout this website there are laws and regulations, and while there is a difference between an ESA and service animal, there are certain times when discrimination has to come into consideration. I have a German Shepherd husky mix and a long haired tabby, both signed as ESAs. While there is little to no problems with the cat, most places will have policies stating either “no pets”, a weight or breed limitation. Generally,most places I’ve seen with weight averages 25-35lbs leaving a lot of breeds that would be biasedly appropriate (such as a golden retriever) out of that catagory. Secondly, while certain breeds are “statistically shown to be aggressive” that is not true for every single dog that falls under that category, and we deny the minority that do deserve to be given rights or prevented from such discrimination. I’ve volunteered at shelters and have seen aggressive dogs, not just pits. I’ve seen pitbulls who were completely tame be put down due to overpopulation and discrimination. I’ve known all kinds of dogs from smaller dogs generally accepted by apartments that were possessive, destructive things that poses a threat to the right of having animals in dwellings, and plenty of those “statistics aggressive breeds” actually be the better ones to keep in a home, who also provide a better sense of guarding and security if ever the need arises. My dog, who has to put up with those discriminatory factors simply because of his breed and weight deserves these rights an ESA provides. He is well mannered with training all of his life, has lived inside a dwelling for 12 years, and has never been destructive nor aggressive to anyone. So please, if you want to talk about common sense then please utilize it beyond those typical desensitized, not wanting to deal with the hassle or responsibility policies and look at the bigger perspective. Know this is not an excuse to have any and every animal, nor is it a means to accommodate having them any and everywhere. You are right that there are those who need emotional support animal, I being one of them. I only ask that you please keep a more open mind and consider a case individually rather than being biased to closing off towards those who do not deserve to be discriminated against due to other negligent pet owners shortcomings.
We agree that it is unfair to discriminate against certain ESAs solely because they are a certain breed. The Department of Housing has taken the same stance, which is why they prohibit categorical breed restrictions. Each prospective emotional support animal should be assessed individually.
My dog is allowed to live here rent free however there are quite a few of us that walk our dogs inside our courtyard. We are very diligent about picking up after our dogs however there is a policy that states no pets allowed in the complex outside common areas. People have complained because our dogs urinate on a Bush and although sprinklers go on every day and wash the urine away. Now the manager is telling us to walk our dogs in here but dont let them go
If you have a support or ESA dog for emotional support in a building that does not allow dogs is it OK that you leave it alone in condo and go to work all day long
The FHA requires reasonable accommodations for emotional support animals. Leaving a dog home while you work seems like a reasonable accommodation to us.
Can the management of the apartments require you to register your ESA?
Emotional support animals do not need to be registered as such.
Can a landlord require that the ESA letter be from a local physician? I’m moving to a location from a different state and they are telling me it has to be local and can’t be from my therapist who is licensed and has been treating me for a year.
We are not aware of anything under the Fair Housing Act that allows a landlord to make this demand. The letter should be sufficient if it comes from a licensed mental health professional who has evaluated you.
No. Landlords must accept your ESA no matter size, weight or breed. You do need to have a doctor fill out a reasonable accommodation form & submit it to the landlord. That’s it. The landlord also cannot require a pet deposit or any money related to an ESA or service animal.
That is generally correct, the only thing we would clarify is that landlords can reject your ESA if it poses a threat to the health and safety of others. Also, an ESA letter does not have to come from a doctor, it can be from any licensed mental health professional.
What kind of extra documentation might a landlord require?
Landlords can require both an ESA letter and an additional document, that they provide, to be filled out by your therapist.
If my doctor refuses to send the extra confirmation can my landlord deny me even though I already gave them my emotional support dog letter?
If the information on the extra document is too invasive, your doctor can reject the document. Landlords must follow medical privacy laws and cannot refuse your ESA if you do not wish to provide private medical information.
Thank you. My landlord is giving me beef about my dog. I am disabled and have provided my disability papers and letter from therapist. The 55 and older trailer park has a 20 lb. wt. restriction and my dog is 31 lbs.
Emotional support animals cannot be denied due to weight limitations in your trailer park.
My HOA has a personal vendetta against me and is making me jump through hoops to keep my emotional support dog. Saying I need paperwork from the NSAR. Do you know what paperwork she means? Also shes asking for Documentation from previous doctors stating how long I’ve Suffered from depression and anxiety.
They are also fining me $100 a day to have my dog in my condo and threatening to put a lien on my condo and tow my cars. She also said I have to have all of my paperwork in by October , 2019 which is impossible to do since that’s 4 days from now.
Should I contact a lawyer at this point?
We always advise clients to contact a lawyer if they are having legal issues – we’re not lawyers and are not permitted to advise on legal situations. We are not clear on what your landlord means by “NSAR”. If your landlord is referring to a registry, you should be aware that emotional support animals are not required to be “registered” and that registries for emotional support animals have no weight under relevant ESA laws. To have a valid ESA you need a recommendation letter from a licensed mental health professional, which can include your doctor. You should also be aware that your landlord is not allowed to asked for detailed information about your medical history. Please see here for additional information: https://esadoctors.com/fair-housing-act-emotional-support-animals/
Does the apartment have the right to say that until the esa is approved, it cannot live with you?
The landlord must approve your ESA before it moves in. You should also be aware that the Department of Housing has stated that landlords cannot unreasonably delay responding to ESA accommodation requests.
I know an ESA is allowed on a plane to travel but is it required your ESA be crated in the airport?? Or can your ESA dog be on a leash?
Thanks,
Holly
Emotional support animals that fly are not required to be crated.
Hi,
Which of the airlines are the best to deal with for ESA? It’s stressful enough to t Tavel alone, but I’m concerned seem may be more challenging than others.
Thank you.
You can find ESA policies for each airline here: https://esadoctors.com/airline-emotional-support-animal-pet-policies/.
An apartment complex is telling me that the landlord can show that permitting a dog of a cetrain breed to reside on the premises would increase his insurance premiums or cause his insurance carrier to drop him then it would be generally be considered an undue burden on the landlord and he can refuse to permit the dog even if its a service animal. My dog is half pit half cattle. Can they do this?
The laws allow for emotional support animals and service dogs to be any breed. This sounds like the landlord is using breed discrimination to deny you access. You can contact the HUD and file a complaint.
Does an emotional support dog need to be with it’s owner 24/7 or is it allowed to be left alone in an apartment per law.
An emotional support dog can be left alone in an apartment and is not required to be with it’s owner 24/7.
Where in the law does it state this? My apt building is trying to tell me that I can’t leave her at home while I’m gone.
can a landlord tell you to get rid of you ESA becouse of an ocasional bark
My esa is a pit mix with lab but we are not allowed to have pits, is there any chance that they can deny me ? My mom is really worried that I won’t be able to keep her because of the rules
A landlord can deny an ESA request if: (1) the ESA poses a direct threat to the health or safety of others or (2) the ESA would cause substantial physical damage to the property of others. A landlord cannot reject an ESA solely because it is a certain breed or size. A determination that an ESA poses a direct threat of harm to others or would cause substantial physical damage to the property of others must be based on an individualized assessment that relies on objective evidence about the specific animal’s actual conduct — not just speculation or fear about the types of harm or damage an animal may cause and not on evidence about harm or damage that other animals have caused.
I live in city limits and they have a 2 dog per city lot law, I own my house and I’ve heard there is no limit to ESA dog quantities. Since I don’t rent and just have to listen to a ordinance, can a city limit how many ESA I have. I have 70% PTSD from the VA and each dog has its own purpose one sleeps with me and they all at different times come over to me which helps with my PTSD with depression.
How do I present a request to my landlord?
You may find this post helpful: How to Inform my Landlord of my Emotional Support Dog.
If an ESA passes away and you want to get another are you able to just update the landlord without getting another letter?
What are the specifics of taking a ESA into public places? For instance, I have ptsd, high anxiety and panic attacks and sometimes completely shut down is public situations (ie. Grocery shopping, DSS building, Dr. Appointments, other stressful situations) I was recently told I couldn’t have my ESA at a DSS meeting because he is not a service dog, “he is not trained to perform any service to you” is what I was told. This situation is an example of why I have a ESA and I needed him during this meetings being one of many reasons I have a ESA.
Unfortunately, emotional support animals are not allowed access to grocery stores or doctors offices. Emotional support animals are only allowed access to airplanes and rental units.
Does the therapist need to be from your home state? Also do you need a letter stating anything about on going treatment or just the one time letter with a doctor recommendation?
Every state has their own set of rules for long distance therapy. ESA Doctors works with therapists from all over the country to make sure that your ESA letter is state compliant.
Can the apartment owner tell me that I can only have a ESA cat not a dog?
No, an ESA can be a cat, dog or other animal.
I have already moved into my apartment but im scheduled to see the therapist for my esa letter on july 11 can my dog live with me while we wait or does he have to stay somewhere else in the meanwhile
It might be wise to wait until you have proper documentation to avoid complications.
I go to college in Oklahoma and live in an apartment, and my ESA has a tendency to bark when she is left alone in the apartment and my neighbors threatened to call animal control on her. I was just curious what rights animal control actually has over my dog who is a registered ESA.
Registering your dog as an ESA does not qualify a dog to be a legitimate emotional support animal. In most cases, animal control cannot remove an ESA for barking. If the barking is excessive, your landlord may ask you to make better arrangements for your dog.
How much is the cost to get a certified letter and how long it will take to get it, what exactly need to do to obtein the letter?
You can find the pricing plans here: https://esadoctors.com/pricing-plan/.
It usually takes 2-4 business days to receive your digital copy. To qualify for an ESA letter, please complete the questionnaire here: https://esadoctors.com/esa-questionnaire/
I have a ESA and live in an apartment building for disabled and elderly. Our building is gated and is a grass yard. We face an alley and our neighborhood has allot of crime. During the day I take my dog for walks and clean up after his bowel movements. Most people in our building have little dogs that use a pad during the night but my dog is 8 years old and won’t go anywhere but outside. I’ve been told my ESA must be taken from our yard to the side of building to relieve himself. I’m terrified to go out there at night. I always clean up after my dog. Don’t I have a right to use the yard if I’m cleaning it up? Thank you.
Your landlord must make reasonable accommodations for you and your emotional support animal.
My landlord is refusing my husband’s doctor’s recommendation because it’s been 6 months since he was seen by him. Even though his doctor signed off on the form, can they deny us for this reason?
This should not disqualify your husband’s need for an ESA.
Can a landlord make you pay for any kind of deposit or extra monthly rent for an ESA?
No, landlords cannot charge any additional rent or pet deposits for emotional support animals.
Hello , I was wondering I have a ESA Letter and I live in an apartment in Miami the apartments require a 500 dollar deposit for any animal can they still make you pay to keep the pet even if I have my certified ESA letter ??
Apartments cannot require a pet deposit for emotional support animals.
Can a landlord require you to have a vet fill out documentation (size, weight, breed, rabies, temperament, etc.)?
Yes, your landlord can require a document with your ESA’s information in addition to your ESA letter.
If a therapist writes a letter for an ESA but is uncomfortable filling out the form from my apartment complex, she says she’s never seen a form like it nor have any of her colleagues, what are my options? It’s been 2 months without my dog. They said they were ok with ESAs. My parents are watching my dog, but I need him
Unfortunately, we also sometimes see cases where landlords will overreach and ask for additional form submissions that are not required or permitted under the Fair Housing Act. If you believe your landlord is violating your right to reasonable accommodation, you can file an official complaint with the Department of Housing.
Can a landlord require an ESA animal to be fixed before entering an apartment?
A landlord cannot require you to fix your animal, especially if it is too young to be fixed right now. Although, having an animal fixed does help with the overpopulation in shelters.
My husband (soon to be ex) has my ESA dog at his mother’s and I am trespassed from the property. Is it legal for him to keep my baby away from me when she is registered as my ESA?
Crap All crap just an excuse to take your dog where you want because you have separation aniexty. There are people who really need service dogs .
Service dogs and emotional support dogs are not the same. You can find more information about the types of assistance animals here: https://esadoctors.com/emotional-support-animals-vs-service-dogs-and-therapy-dogs/.
This is just ignorant and offensive. Yes, there are many people who abuse the system and just want to fly with their pet for free, but many people actually rely on their ESAs. I was physically and emotionally abused for my entire childhood. I have major psychological disabilities and COULD have a service dog but I chose to have an ESA instead. I do not need a service dog because I don’t need the support of a dog when I am in public. I do, however, need a dog to get me out of the bed in the morning, force me to leave my apartment on weekends and give me a constant purpose. I do not have separation anxiety. There is no way I would be in my 3rd year of a Physics PhD program without being allowed to live with my dog.
Sounds like you and I have the same reasons and needs for an esa dog. Any advice you can give me? I did get my esa letter online because I currently don’t see a counselor because after 18 years of therapy i still wasn’t getting anywhere. I’m high functioning so people don’t see my disability but it’s there. So I have an esa letter stating my need for my esa dog but my landlord is still not accepting it. He says my dog has to be trained and that only a PCP or GP can prescribe an esa. He is also asking when and where I met with the Dr who wrote it because he is out of state. I had to have my dog go stay with a friend because my landlord said he would evict me i f my dog wasn’t gone and that he would come in to inspect my apartment.
I believe it is unfair for landlords to have to bear the burden of damage caused by service animals. Deposits should be allowed just like human deposits. Just because a person has a disability doesn’t mean they should be allowed to cause damage to people’s property and get away with it
Owners are generally still responsible for damage caused by their ESAs. HUD has specifically stated the following “A housing provider may require a tenant to cover the costs of repairs for damage the animal causes to the tenant’s dwelling unit or the common areas, reasonable wear and tear excepted, if it is the provider’s practice to assess tenants for any damage they cause to the premises.” However, it would be unfair to charge a deposit or a fee so a disabled person could live in an apartment that a non-disabled person could live in without paying such deposit or fee.
I have a doctor letter for my ESA in my home state.. but I’m trying to move out of state. The apartment complex I’m trying to move into is saying I need to find an in state doctor and have them write me a new letter since my doctor is out of state. Can they do that? Or is my current letter legitimate?
Your apartment complex cannot demand that you see a certain therapist. Some states have telehealth service laws that may restrict your therapist choices to in state therapist. You may be able to contest your new landlord’s request since you are moving from one state into another. However, it may be more convenient to qualify for a new ESA letter based on your new state’s telehealth service regulations. If you would like our assistance, please complete the ESA Questionnaire below and we would be happy to pair you with a new therapist for your new state.
https://esadoctors.com/esa-questionnaire/
Here’s a current scenario: a son, his wife and their dog move in with dad. Dad lives in a condo association which restricts weight and breed. Dad now claims the dog is his ESA to avoid the restrictions. Can they get away with that?
The condo should allow the dog to live with the family if the dog is prescribed for emotional support by a licensed mental health professional.
The dog was not prescribed to ANYONE for emotional support. The dad is rarely home and never handles the dog (like walking, taking dog to a vet, car rides, etc). The dog has lunged at other pets and individuals within the community, while being walked by its actual owners. If the dog bites another dog or person, the entire community will have problems going forward. I think everyone reading this would agree that ESA laws need to evolve faster for the benefit of all parties, especially for those who legitimately need an ESA.
I have an emotional support animal in my condominium community. After providing them with a letter, I had to fight them for almost 2 years. They finally relented with the caveat that I can only walk her in the small area directly behind my back door. Part of the reason that I need the emotional support animal is that due to traumatic losses in my childhood, I have a tendency to isolate. Since I have retired, it is so much worse. The purpose of being prescribed an emotional support animal was that I would be forced to get out and take her for walks, etc. Their rules completely defeat this purpose.
If i bring my esa to a friends house to visit with them can my friend be charged a pet fee ?
The landlord asked me to provide proof and i did and he was still charged 300$
It is arguable that by charging your friend a fee in connection with an ESA the landlord is discriminating against a tenant’s equal use and enjoyment of property.
I provided an ESA letter to my Condo manager when I bought moved in over 5 years ago. A new office manager is now demanding that I update the letter every year. This is an owned cindo and not for airline use as I understand airlines can require one every for the right to travel.
That is correct, for air travel the ESA letter cannot be more than a year old. There is not a similar rule under the FHA, but a letter that is 5 years old will often be considered outdated by a landlord.
You are wrong and you need not to be telling ppl this.. In fact new laws are being placed because of fake ESA dogs and they are not considered service dog and can be denied in almost all things according to the ADA.. people please don’t pay attention to this group/blog and ask your local ADA
We support efforts to stop anyone trying to pass off a regular pet as an ESA or service animal. You seem to be making a common mistake however when it comes to understanding ESAs. It is clear that ESAs are NOT service animals. ESAs do not enjoy the same rights as service animals and are not allowed in all public places. A pet qualifies as an ESA through a recommendation letter from a licensed mental health professional. Valid ESAs have rights under the Fair Housing Act and Air Carrier Access Act. ESAs are not specially trained and are meant to provide emotional support for individuals with mental or emotional disabilities. Service animals on the other hand must be trained to perform specific tasks (for example, a guide dog for the blind) and have greater rights to public areas pursuant to the Americans with Disabilities Act.
If the apartment complex I’m living in has a two pet maximum but I already have a cat, if I want to bring both my ESA dogs with me, will the aparentment be able to deny one of them due to their pet limit?
Emotional support animals are not counted towards pet limits, but your landlord can deny you if the additional animals cause an “undue financial burden”.
I told my landlord I needed an esa per my therapist. Unfortunately, they went out of business but I have been diagnosed with ptsd, social anxiety, agoraphobia, severe depression, and panic disorder. She asked for a letter and my primary Dr wrote one. She called him and then said he doesn’t think it’s a good idea for me 2 have an aggressive breed (which I was looking at Akitas which I have had previously here) she also said he said I’m not disabled per the government. Then she stated that a dr can’t decide if I’m disabled he can only write a letter then the government decides if I’m disabled. What does the government have to do with my diagnoses? Or me have an esa! It has nothing to do with the government does it? Before she even talked to my dr she denied me and asked for a pet deposit first I said she can’t do that then she said my apartment is too small which is 1200 sq Feet and then said the dog need certified paperwork showing he is a therapy dog. I tried explaining to her the difference she is now denying me because I’m not disabled threw the government. I don’t get it. So I have to be on ssd for an esa? I feel like she’s really breaking the law.
Your landlord does not understand the rules surrounding emotional support animals in rental units. The government does not categorize people as able or disabled.
Your complaining about your rights. if it has to do with a person’s rights…it has to do with the gov. A doctor doesn’t decide your rights, just your diagnosis. The gov. decides what others are legally required to reasonably accommodate for you. You are not the only one with rights.
Can a House insurance company deny you coverage because you have a ESA that is a rotty
This is a great question and something we will be posting about soon.
Hello,
Following that question – can having an ESA have any negative ramifications on one’s profession or being able to get professional liability insurance/house insurance/health insurance?
Having an ESA is a private matter that does not have to be shared with others.
Thank you for confirming that.
I am looking into certifying my cat. My husband is a over the road driver and i will soon be gping on the road with him full time. The company my husband works for doesn’t allow animals in their trucks. If I certify my cat can the company legally deny have her on the truck? Thank you. If you can please email me privately
Unfortunately, emotional support animals are not required access in trucks. You can qualify for an ESA and submit your paperwork, but they may be able to deny your request.
So I will be moving in with my mom this summer so that I can live near my college campus and not have to pay room and board. She already has a cat and a dog. Would I be able to move in with my esa and not get her in trouble or kicked out of the apt complex?
If your mom’s apartment is your permanent residence, you would be able to live with your ESA.
My apartments are falsely accusing my dog of “barking too much” which I have video proof that this is a lie. I do not have an ESA letter but she helps with my anxiety and depression after losing my mother a little over a year ago. Is there anything I can do?
Your dog does not qualify as an ESA if you do not have an ESA letter. To qualify, contact your current therapist or complete the questionnaire in the link below.
https://esadoctors.com/esa-questionnaire/
My friend lives upstairs and her ESD is a PitBull… She works all night and her ESA stays home . She was recently ask by my landlord to do something, because she cry’s all night. The tenant downstairs can not sleep. What can She do?
are ESA letters state specific? My therapists is in Maryland but I live in California. Could I get a refusal to have this ESA animal live with me based on the state the letter was issued?
California requires in-state therapists for telehealth services.
Can you tell me if Maryland or North Carolina require in-state therapists? Also, if you’re moving from one state to the other then how long do you have to acquire a new letter from an in-state therapist?
Both states currently require in-state therapists. You may use your ESA letter for one year.
Do you know if WI requires an in-state therapist?
Yes, they do.
So we have two dogs. One is my dog who’s a lab and one is my husbands ESA who is a pitbull. We got them separetly before we met. His newest ESA letter doesn’t specify what dog it is, it just says he qualifies for and ESA. How do we show the landlords that the pitbull is the ESA dog and not the lab? Because I’m worried they will try to discriminate against our pitbull.
You can let your landlord know that your husband’s ESA is the PittBull. Emotional support animals cannot be denied due to breed, age, or weight.
Is there a list of animals that are considered too large to be covered by the Fairhousing act? You say that some can be denied for that reason, so I would like to know. Our ESA dog is pretty big, and I am worried that we could be denied. Thanks for the heads-up.
There is no official list. Your animal should be a reasonable size. A horse is not reasonable in an apartment, but a large dog may be reasonable.
So if I get an apartment, can my dog move in after me ? I’m in the process of getting my dog certified as a ESA. I
Yes, if you qualify for an ESA.
Can a local government make me get rid of my esa
Federal laws will trump local laws.
Under my apartment’s pet policy, they require owners to have the unit treated for fleas upon move out (regardless of whether the animal has fleas or not). For an ESA, can they still legally require me to pay for that service upon move out?
I would like to know the answer to this question as well! Does anyone know?
Landlords cannot charge fees or deposits relating to ESAs. This is what the Department of Housing has stated: “Conditions and restrictions that housing providers apply to pets may not be applied to assistance animals. For example, while housing providers may require applicants or residents to pay a pet deposit, they may not require applicants and residents to pay a deposit for an assistance animal.”
Can a Apartment tell me i have to move to their DOG friendly apartments if they think i Withheld the fact i have an ESA dog in their No dog apartments. i read the lease and it said i can have a dog in the NO dog apartment if its a Service animal which She is.
They cannot require you to move into another apartment if your dog is a service dog or ESA.
Does anybody know the law for Amtrak/train travel? on their website, they don’t consider an ESA pet as a service animal. I thought it’s a law now that everyone must accept an ESA with a letter.
Trains are not required to accept emotional support animals, only airplanes.
In Florida, is it illegal to ask if an animal is a service animal? I was recently threatend with an harassment lawsuit for just asking if a man’s dog that he brought inside our store was a service animal, just by way of making conversation with the cuatomer.
You can ask if an animal is a service animal and what service the animal provides. You can also ask the person to remove the animal if the animal causes damages, barks at customers, or is out of control.
I have an online letter from an LMHP from Indiana and I live in New York. My landlord is saying I need an in state letter, does NY accept out of state letters or should I get a new letter from an in-state LMHP?
Your letter should be obtained from an LMHP that is licensed for the state that you are in. If you were previously a resident of Indiana and that is why you have a letter from an Indiana LMHP, or if the LMHP is in Indiana but also licensed in New York, your ESA letter should be fine. ESA Doctors always matches clients with LMHPs who are licensed for their state.
If I have 2 dogs and 1esa dog can an HOA kick me out? They have a 2pet policy.
An emotional support animal is not considered a traditional pet.
I live in an off-campus apartment at my school that has a no pet policy, but my roommate got a registered ESA cat and the owners found it and now every day they find the cat my roommate is being charged $50 (already up to $300). They just threatened to terminate his lease for next year if they find the cat again even though the check is already deposited. Is all of this legal?? Do the owners of the apartment have a say over ESA?
Registration is not recognized by landlords or airlines and will NOT qualify an animal as an emotional support animal. In order to qualify, your roommate would need an ESA letter from a licensed mental health professional. If they have an ESA letter, the apartment would not be allowed to charge additional pet rent or terminate the lease.
hi, i have my esa letters and we own a apt on a condo unit and now the board say they will give me some rules to follow for my dog i wonder what is reasonnable ..? because i know they dont want dog and they are angry
I gave my landlord a letter from my therapist with the required information and bought my emotional support animal but my landlord is telling me that I have to have vet records and proof of renters insurance before I can have the animal in the apartment. Is it legal for her to require vet records or insurance?
This is not required under the FHA.
I just presented my landlord with the info about my service animal (letter, registration). The landlord ( a rental company) told the owners and the owners said they have a allergy to cats. Can they deny me bc of their allergy?
Landlords cannot deny emotional support animals or service animals due to allergies. Also, cats cannot be service animals.
My landlord says I need more then a ESA letter which I provided. They said they need certifications to know that my dog is trained as an ESA dog. Is that lega? Im in Georgia
No. Certification and Registration is not required for emotional support animals.
If I get one cat registered as an ESA, would my apartment still have to charge me a pet deposit if I had a second cat?
If both cats are emotional support cats, then they cannot charge a pet deposit.
My ESA letter was issued by a therapist licensed in CA but now my landlord wants proof my dog is registered as an ESA animal in LA county. Isn’t this an impossible request since there’s no real registration and shouldn’t a CA certified therapist count for all of CA? How best to document both pieces on my own?
That is correct, there is no such thing as a registry for emotional support animals. It should not matter which county your therapist is in, as long as they were properly licensed to help you.
Can I bring my ESA dog to work with me without discrimination? Or can the building refuse her to be here?
Your place of work is not required to allow access for your ESA dog.
if I have 3 emotional support animals do I need 3 letters for each?
One letter can be applied to more than one emotional support animal.
I’m moving from New York to washington state. Does my esa letter I got in New York work in Washington as well? Or does washington state require an in state physician for telemedicine?
Your ESA letter from NY should be allowed in Washington, but when you renew next year, you will be required to get your letter from a Washington licensed therapist.
My potential employer will allow me to bring my ESA into work, however the building that they’re lease is with has a no animals allowed policy. Would I be able to bring my esa dog anyway?
Emotional support animals only have access rights in rental homes/apartments and airplanes.
Hi I just got our lease for a condo, with a no pet policy. We got approved because we have the paperwork for an esa, and they aren’t charging any monthly fees or deposits, but was to charge a carpet cleaning and defleeing once we move out. Is this allowed?
If your dog makes a mess in the condo, they are well within their rights to charge a cleaning fee.
Does an ESA letter need to be notarized? My apt complex is requesting this, but as far as I can tell, it is not a valid or legally required request.
A notarized ESA letter is not required by federal law.
Can esa go with my me to store an atc..
No, emotional support animals do not have public access rights. Only service dogs have access everywhere.
Can a landlord deny an ESA due to the age of the animal? My current landlord states “no dogs under the age of one”
Emotional support animals cannot be turned away due to age.
So I’m currently having a problem with my landlord. My dog is a emotional support dog, and yes I do have a letter from my psychologist saying I’m need him and that he is a emotional support dog. I gave my landlord a copy along with his registration as a emotional support dog and his shot records. My landlord is saying I have to register my dog through San Diego and get him licensed. Do I have to do that in order for my dog to be in my apartment?
Your landlord is misinformed. Emotional support animal registration is not required or recognized by the law.
Is their a limit to how many ESAs you are allowed to have? I have 1 for my son and 1 for me. Can my condo association deny me having 2 ESA in MD?
If your licensed health professional recommends more than one animal, you may have more than one ESA.
My ESA Letter I received looks the part for sure my issue with it is that the licensed doctor is from and licensed in hawaii but I’m in Utah is that going to cause issue?
If you are in Utah, it would be beneficial to have an ESA letter from a Utah licensed health professional.
Can an apartment complex request a temperament test/request meeting my ESA?
The Fair Housing Act may not require this, but local laws may. You will have to look into your local laws.
My mother had an ESA dog. A small chihuahua. The dog barks occasionally but by no means excessively. Her apts have now sent 2 letters to her complaining about the dog barking during the day. Are they allowed to do this? It doesn’t bark excessively. Also they charged us a fee for the dog to be there. Is that allowed? I’m in KY
The landlord has the right to deny an ESA if it is causing an unreasonable disturbance or harm to other tenants. Landlords cannot charge pet fees for emotional support animals.
My landlord says my ESA is not allowed to bark (ever) and can not pee outside the building. Is he correct?
Your landlord should provide reasonable accommodations for you and your ESA dog.
We have a woman at our school who has brought her husband’s ESA dog to work with her. Is that legal? Is she violating the husband’s ESA letter by doing this?
Emotional support animals are not entitled to access in the workplace or schools.
Can an HOA require you to provide a prescription for the ESA?
Yes. Emotional support animals require an ESA letter from a licensed health professional to be legitimate emotional support animals.
I currently work at a hotel and a guest has 2 Service Dogs ( which now they claim are ESA) animals which one was taken away due to attacking another guest. When we asked for certification in both animals the guest told use that the certification is under someone else’s name and are trying to change the name. We have recently asked the guest again for the certification and now we are being told it has been expired for quite some time. Is there anything we can do?
You can ask them to leave since the animals are not service dogs and are dangerous to guests.
Under the federal flying act *bill itself* it does not say what type of animal is allowed to fly or not fly. So how can airlines determine for themselves what animal is allowed or not.
The ACAA does limit the type of animal if it the animal can be a danger to other passengers or flight crew.
I recently got a puppy as my ESA. My landlord accepted my letter and met her and everything is fine. She is a puppy and is being crate trained. She does not bark at all at night when we are home but while we are at work, she does bark some. We have a puppy cam and the week that we have had her she has gone from barking for 15-20 minutes every hour and a half to only barking once it twice for maybe ten minutes right when we leave and right when she wakes up from a nap. She has made this progress all in one week. My neighbors on one side say they cannot here her however my other neighbor works nights and sleeps during the day and has made a complaint to our landlord that her barking is not letting her sleep. My landlord told me that if she gets another complaint from her that she is going to give us a 3 day notice. We have only had her for a week and is a rescue. She is doing amazing at her training. Can they just kick us out for a little barking during the day like this? I just don’t feel like they are accommodating me or my emotional support animal.
Your landlord must provide reasonable accommodations for you and your ESA dog.
Is my ESA required to be a certain age? The apartment complex owner has been throwing the age and that my ESA has to have certain training and that the service dog and ESA are the same. Any ideas?
Your apartment owner is misinformed. Emotional support animals are not the same as service animals and both of these animals cannot be denied due to age, weight, or breed.
I have supplied an ESA letter to my apartment owner from a licensed therapist in my state. I go to a different therapist who does not write esa letters and the apartment owner is now telling me I have to get documentation from my therapist. Do I need to do this or isn’t the ESA letter enough? He also has said it has to be approved by him first before the animal can come into my apartment
I have a very small Nigerian dwarf goat that was given to me when i was diagnosed with severe depression, anxiety and stress. i have a letter from my therapist and a certificate for her being a ESA. the city it trying to take her away from me due to zoning laws. she is kept indoor 75% of the day. can i fight this?
You have the right to fight for your rights. Please let update us on your progress.
Does this website do custom questionnaires? My landlord requires three documents to be filled out by my doctor.
Yes, please select the “extra document” option when completing your questionnaire.
If my dog harms someone in my rental unit or in the neighborhood, am I responsible or should this be covered under the landlord’s insurance? Can a landlord require me to carry insurance to cover liability caused by my ESA?
Your ESA is your responsibility and all liability is with you.
Hi, I just informed my landlord that I am getting an ESA. I sent her the letter from my doctor along with a fax of his vaccine records from his previous vet. She is now asking that my 3 roommates write her a letter saying they are okay living with my dog, that I complete a checklist she made, register him with the county, and that I have to mail a formal request to the previous vet for original hard copies of his records and give her those. Are all these things she’s asking for legal? I don’t understand why a faxed version of his records isn’t enough. If I do mail a request for his records to his previous vet I would rather keep his original records or give them to his new vet. I only have 1 more month on my lease.
I’m going to college in South Carolina and the school is asking for an extremely detailed letter from my therapist and access to my mental health records. Do I have to give it all to them?
No, you do not have to provide your personal medical records.
i have 1 ESA, but my therapist has recommended a second ESA for me. Gave me the letter, i turned that into my landlord with my letter required to say why i need a second ESA. I was denied by my landlord because i did not give new reasons for a second ESA. Can they do that ?
You do not have to provide a reason to your landlord. You have the right to keep your medical information private and your landlord cannot request this information from you.
My vacation rental agreement clearly states “no pets”. The reservation was made approximately one year ago. Two days ago, just three weeks prior to the reservation, guest is stating that there will be a therapy dog with the group. Never discussed during the last 11 or twelve months. We have asthma and allergies and is the reason why we have a “no pet” policy in place. What are our property owner rights?
You are not required to allow a therapy dog into your short term rental unit. If the animal is an emotional support dog with a letter from a licensed health professional, you may be required to allow the animal.
The complex that I live in has a policy of 1 year and up. If I got an ESA for a dog younger then a year could my complex deny me?
Emotional support animals cannot be denied due to age.
I have two dogs as my supporters dog
Can my landlord raise my rent because of the dogs?
No, landlords cannot increase rent for emotional support dogs.
My landlord approved my ESA Letter and is not charging me pet deposit but she states her policy is pets are outside only status. Does this apply to me since my dog is esa? How can my dog help me if he is forced to be outside?
Your landlord must provide reasonable accommodations for you and your ESA.
Hello, I live in California about 4 months ago my parents bought me a german Shepard, I fell in love with him! He made me feel better because of my anxiety. Sooner or later my doctor found change in me as he decided to make a doctors letters stating that me dog was making me feel more positive ! I also registered him as ESA as well, on June 8 I moved in into a new apartment complex where they didn’t allow dogs but with my exception I told them that my dog was under ESA and also a doctors letter. Unfortunately I had to leave to Germany for an internship and I left my dog with my sister whom I knew he will be good. The neighbors have been complaining that he barks but because he is young and he is trying to cope with the new apartment …. they already gave my sister a complaint and a few days ago they told her to fix the problem she went back home and gave it away to a family …. I feel bad but it was the best way …. now I have no dog and the apartment complex is kicking us out , can I do something about it ???
You can file a complaint with HUD if you feel you were discriminated for having an ESA in your home.
My doctor prescribed me a emotional support animal for anxiety and my landlord said that it was too big and that I couldn’t have it is that illegal in the state of Tennessee
Emotional support dogs cannot be restricted by breed, weight, or age.
I live in an apartment which has a no pet policy. I have been seeing a therapist and she feels that an dog would help me immensely. I told my landlord that I was going to get one and now they won’t renew my lease. Can they do this?
This sounds like discrimination. You can file a complaint with HUD or talk to an ESA lawyer.
The apartment I live in only allows cats. I have an opportunity to get a dog right now but I’m going to be in the process of getting a esa letter. Does anyone know if places will let you have the dog in your apartment for a certain time period till you get the esa letter and if you dont get it by a certain time then they make you get rid of the dog?
You can let your landlord know via email and provide an ESA letter once you get it.
Can a esa be taken from u even if the animal is register to another person
My landlord says I need insurance for my ESA for liability and that he needs vet records and she has to have obedience training and he needs the certificate. I told him by law, all she is required to have is the ESA letter and he said that this is his policy. What can I do? Who can I talk to about this to help me?
The Fair Housing Act trumps landlord policies. You can provide more information to him or file a complaint with the HUD.
I have recently gotten a letter from my doctor for an ESA. My husband is currently in the process of also getting a letter from his doctor for an ESA. Our apartment complex has a “one pet rule”. We each have a cat from before we were married, but due to this housing rule one of them isn’t currently living with us.. According to HUD law “An assistance animal is not a pet.” So can they not allow us to each have our own ESA?
You can each have an ESA in your home if it does not harm other residents, destroys property, or causes an undue financial burden to the landlord.
Can airlines restrict the number of ESAs allowed per customer? Of course being reasonable. But I have a small 12lb dog and a cat both as my ESA per my therapist. They are denying me access to the flight for one of my pets.
If I have an emotional support animal and I can no longer bring it with me due to financial reasons, can my roommate make my cat their emotional support animal? Or can they only be registered to one person?
This cat is on file with my landlord, and my roommate is concerned they wouldn’t let them switch the cat to her name.
The ESA letter is for the person and not the animal. Your roommate would have to qualify for an ESA in order to keep the cat as an emotional support animal.
I moved into a house with my ESA and the landlord requires that I crate her while I’m away. Is this legal?
Your landlord should provide reasonable accommodations for you and your ESA. If your local ordinance does not require crating, your landlord should not be able to require this.
Do ESAs go on my permanent medical record?
You do not have to share your private medical record with anyone.
I’m in a nursing home in California and they are trying to say I can’t have the dog here is this legal ?
Sincerely
Onale Adams
If the nursing home is your primary residence, you should be able to live with your emotional support animal if you have the correct documentation.
An ex boyfriend made my dog his emotional support animal without my knowledge. He is now refusing to give me the dog back and is threatening to go to court, and since he has a letter from his therapist saying that an ESA would be beneficial, I am feeling very hopeless and scared that I will be denied my dog. For the record, my name is on the adoption contract and the license. The adoption contract clearly states that he is not a service animal.Has anyone ever experienced something like this? I am feeling so hopeless.
The ESA letter is for the person and not the animal. If the dog is yours and your name is on the adoption papers, this should be enough to prove the dog is your dog. Please do not lose hope.
Can a landlord refuse to renew a lease because the renter has an ESA?
This sounds like it could be considered discrimination.
I have an emotional support dog for my depression and anxiety. My son has one for his autism. I’m going to a NY state park camping ground. Can I bring my dogs with us? I have a doctors note for both of us.
Unfortunately, emotional support dogs do not have public access rights. You can call the state park and see if they allow ESAs.
I got approved for an esa back in June and my apartment complex approved the letter but now they are saying that the letter has been denied and I have to get rid of my dog because of his barking. I have addressed the problem and have been told by my roommate that my dog has stopped barking. Can they deny my letter after they approved it and make me get rid of my dog? They said the letter had to be from a local dr
Your landlord cannot require that your letter come from a local doctor.
I have a ESA letter an planing on take a vacation I need to take my dog to the hotel, is there any information about hotels
Thank you
Emotional support animals do not have access rights to hotels.
My California workplace says that I cannot have my ESA dog in the office because the property management company won’t allow it. Property management said they only have to allow service dogs. Is this true? I thought that the ESA dog needs to be accommodated in the office as long as it doesn’t post a harm to coworkers or cause undue hardship to the employer. I have an ESA letter and my dog is extremely quiet and well-behaved.
This is true, emotional support animals do have public access rights in the workplace.
Hello, I am leasing office space in Seattle and my landlord is saying he only has to permit service animals and can legally exclude ESAs from the building. Can you tell me what regulations/laws give me the right to bring my ESA to the workplace? I have my own side non-public entrance/exit, so I would think limiting my ESA to this access would be a reasonable accommodation. Also, can you tell me what your turnaround time is for providing an ESA letter? Thanks.
Emotional support animals do not have access rights in the workplace. The FHA does not protect ESA’s in office spaces.
Can a landlord refuse an Esa if they aren’t fixed?
This is not a rule in the FHA or HUD.
I’m asking thus for a friend. If they are a teen (15) can theur parent legally make it so tgat they can’t bring their therapy animal into school? Like the teen wants/ has to but the parent won’t let them?
Therapy animals do not have special access rights in schools.
I moved states this month (3k miles) without my ESA, and flying my friend out here with my dog at the end of the month so I don’t cause any anxiety to my dog while I make this huge transition. Is she able to go on the plane with my friend? Thinking about any other option makes me feel like a failure.
The ESA letter is not transferable.
Can my school require my ESA’s vaccination records, adoption papers, etc if I have an approved ESA letter? My new kitten is going to get her rabies shot two weeks after classes start and I’m worried my school (who has already approved me to have an ESA) won’t let me move in with her because of that.
Your school shouldn’t require access to this information for your emotional support animal.
Can an esa be left in an apartment whilw the tenant is gone? Or does the eaa have to be with the owner at all times?
The ESA does not have to be with the tenant at all times.
Where can I find completely updated information on the laws regarding ESAs and renting? I received my ESA letter and got the dog months after i signed my no pets allowed lease; we did not ask the landlords permission first before we got the dog and we did not inform them of the dog or letter after we got them either. The property management company found out and is saying we breeched the lease due to an unauthorized pet. I informed them that she is an ESA and they told me that the laws changed in 2017 and now apartment complexes have the right to deny any animals, even ESAs, and are still considering her an unauthorized pet. They said they are willing to work with us and transfer us to an apartment that allows pets, which we are okay with. But we cannot find any information regarding these supposed law changes, and we want to be well informed. If they are misinformed/lying and trying to take advantage of us, we would rather go through another property management company.
We have not heard of any changes to the Fair Housing Act. You can find the rules here: https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF.
Myself and two others rent a house from a property management company with licensed real-estate brokers. There is a two pet limit, but both of their dogs are ESAs. Is there a limit on ESAs per household, even if we all three have different doctors and all doctors write ESA letters?
Is a General Family Practice Physician’s Assistant considered a “licensed mental health practitioner”?
A family practice physician may be able to write an ESA letter.
My parents live in an affordable housing apartment. They have been there for 4 years now. Before moving in, my dad filled out the required paperwork to have his ESA small dogs. He also submitted letters from his physician (he suffered a stroke, also suffers from clinical depression and anxiety). There is a new manager and she just informed my parents that she received a noise complaint, and apparently the dogs are not approved to be there because the first manager that is no longer there did not actually submit the paperwork. She is demanding that the dogs be removed immediately from the premises and not be back until and if he is approved to have them. This is causing my dad extreme emotional distress, he filled out the paperwork again and is getting another letter from his Dr. I am trying to contact the complex’s HQ and already left a message for the region supervisor. It is even causing me anxiety because I don’t know what else we can do to remedy the situation. Clearly this is not my parents’ fault as all this time they were under the impression that they could have the little dogs there. They’ve never hid the fact that they have the dogs as they have even been commend for being so clean during the annual inspections. Any advise will be gladly welcomed.
Can I take my esa with me to visit my mom at her apartment?
Emotional support animals only have access rights in your home and in airplanes. You can always appeal to the apartment manager’s compassionate side.
Hello – I am interested in moving to a new apartment complex in NJ, however the complex does not allow animals on the top floor and I am only interested in living on the top floor…can the complex restrict floors if you have an ESA?
No, they cannot restrict where you live based on your ESA.
Can my dog be a licensed ESA for BOTH me and my husband? Or only able to be registered for 1 person?
ESA registration is NOT recognized by Fair Housing. You must have an ESA letter to qualify. You could share one ESA, but each person must have an ESA letter in order to qualify their need for an ESA.
Can animal control fine the owner of a therapy animal if it is a registered therapy animal cuz i got a $250 fine for him not being licence but he has a therapy licence registered with federal government. Can they fine me for that
An ESA letter does not exempt you from obtaining required city/state licensing for the animal.
I have a letter from a licensed mental heath physician stating that I need and Emotional Support Animal. My question is, my boyfriend and I are in the process of moving from Central Oregon to Eastern Oregon, will I need to register my dog again once I move to a different town or does reregistration only qualify if I move across state lines?
Your letter will still be valid if it was written within one year.
I have had depression due to at home/school conflicts and been through counseling about a year or two ago, but never requested an ESA. How might I be able to get a request now if I’m still having issues.
You can reach out to your LMHP and see if an ESA would benefit you. If your LMHP believes that an ESA would benefit you, they would be able to write an ESA letter for you.
My apartment is telling me that I’m not allowed to have a cat or dog as a service animal because of past issues that they’ve had. They told me that to have a service animal, I’m only allowed to have a caged pet. Is this legal?
This is not true according to the Fair Housing Act.
I contacted the hotel my husband and I planned on staying at as we drove through Arizona… I told them that I was traveling with my service dog. I received this response:
Good Afternoon Sandra thank you for letting us know about your legal service animal. We frequently have guests who try to pass off their pets or emotional support animals as “Service Dogs”. Unfortunately at our property for the people that do try these odd tactics we cannot accommodate them. They usually use the room as a kennel that causes room damage, barking (which greatly disturbs all guests) and allergy issues for future guests. Arizona actually passed a new law that makes it illegal to pass off pets or ESA animals as “Service Animals” and there are very large fines. I have updated your reservation with this information so we can make sure you are comfortable and accommodated. We look forward to seeing you and if you have any other questions please let us know. Ryan W. Guest Relations The Sedona Motel
I felt that this was VERY threatening and this made it VERY obvious that they would make it very difficult and uncomfortable to bring my dog here. I have a certified letter from my doctor. They did not ask for this. We did cancel our reservation, but is there any way that I can report them somewhere for this?
I live in a mobile home park and it says where only to have one pet i own the mobile home but pay lot rent and i have to dogs that are esa can they make me get rid of one of them per policies
If your LMHP recommends more than one ESA, your HOA or landlord cannot require that you give up one of them.
I registered my animal as an ESA, but the doctor I originally went through would cost a small fortune to renew the letter every year. Can I renew my ESA letter through a different doctor than the one I originally registered with?
Yes, you can always renew your letter with a different LMHP.
My landlord is saying that they require me to have a letter from a psychiatrist when I already have a letter from a psychologist for my ESA. can they put requirements on ESA letters? I thought it just needed to be from any licensed mental health professional?
They do not have the right to request this of you.
My landlord is requesting that I have proof of liability insurance for my ESA. I feel like they’re making me have all these different things to make things more difficult for me. Are they allowed to require me to have liability insurance on my ESA dog?
We’re not aware of anything under the Fair Housing Act or guidance issued by the Department of Housing that requires an ESA owner to carry liability insurance for their ESA.
i flew out of state with my esa dog & i was out longer than expected. my letter has expired. & they will no longer let me get on the plane with my csa dog. can they do this?
Airlines will usually work with you in these circumstances. If they are being difficult, you could reach out to your LMHP and ask that they send a renewal letter via email so that you can fly back.
Can any dog breed become an ESA? Or are there rules as to which can or can’t?
There are no breed restrictions for emotional support animals.
So my question is this a friend of mine has 2 cats got a doctors note for esa for the male cat a year later they had kittens. They never fixed the male cat he wants to get of him and keep one of the male kittens instead of fixing the older cat can he change his mind on what animal is covered by the doctors note or dose the note only cover the first animal they said it was for
The ESA letter is for the person and not for the animal.
If I get a ESA letter from my doctor in Washington prior to moving to California will it still apply there? I do not want to get down there and it not work considering i will be renting an apartment.
Thank you
Since ESA’s are federally protected, your ESA letter should be accepted in California. If not, we suggest reading up on your rights and fighting back. Good luck!
I just gave my esa prescription letter to my apartment manager and she said that i would need to have a vet signed paper that my dog has been trained for my disability. I told her that he is an esa not a service animal i shouldnt have to have anything else. She said she would contact her supervisor and ask her. But is there anything else i would need beside the prescription letter? Or anything else they can legally make me do?
An ESA letter is all that is required. Great job in standing up for your rights!
I have a legitimate emotion support dog for PTSD and DPD. My dog is a protector that has been with me for six years, she is the only way I feel safe and comfortable. I have had a past with abduction and trafficking. However, she barks. Even though I have done all I can do to try to keep her from barking, she barks and I have to go to an HOA hearing about the dog. I will most likely be fined for the barking. I am extremely upset at this incident, I understand that I do not want to bother others, but I need this dog. I cannot continually pay fines for her, it is hard enough to be functional. Is this legal to fine me for her to bark? Her main job is to make me feel safe at home, park of that is security, which she does well. PLEASE help me. This is extremely heart wrenching.
I’m a truck driver. My company has a 30lb weight limit and my dog is 60lb. Can I a) certify him as an esa to get around the weight limit b) travel state to state c) is the travel cert good enough or should I get the combo? Are there other avenues i should be aware of? (I was involved in an accident that a partner caused while I was asleep, my dog calms me when I’m on the road now that I drive solo and helps me sleep/ keeps me active)
Emotional support animals only have access rights when traveling via airplane and living with their owners in rented units.
My ESA dog is soon to be 11 years old and was advised by my vet and also my doctor to get a puppy to start training because of my dog getting older. Well my doctor wrote another letter for me for the puppy I adopted and went to take it to my apartment manager and she straight out told me no and refused to take the letter. Also told me I had to wait until my dog died before I could get another one. Can she do that or is there something I can do because I’ve really got attached to this puppy and I’m willing to fight to keep him but don’t know where to start.
You are allowed more than one ESA if it does not cause undue financial harm to the landlord. You can read up on your rights and let your landlord know that you know your rights as an ESA owner.
My boyfriend and i split up. His name is the only name on the adoption papers however, our dog is legally my emotional service animal as i got the verification through my psychiatrist’s office and have documentation to prove it. However, will this even help me? Can he still take her (her names Dixie) since my name is NOT on the adoption papers? Please help. This is a rough time.
How many animals can one person have in thier apartment when given a letter?
Hi ? I have a esa and i have the certificate as well am i able to take her with me to visit my mom when the rental doesnt allow dogs they complained and she never did anything. We dont live there
Emotional support animals only have special access rights in your home and while you fly.
My ferret is an ESA, but Im moving to Puerto Rico where ferrets are illegal, is my ESA letter strong enough to let my ferret into the country/?
My landlord claims my dogs bark too much, which I believe it to be my neighbors dogs and not mine but that’s out of my control. My dogs are registered ESA animals and the gave me 10 days to remove my dogs or they will start to file eviction process. I told them I need them and they are aware they are ESA dogs. When I asked of I could move out because I need them with me they said I would have to break my lease and pay a fee to do so. Is that something they can do?
We suggest contacting an ESA lawyer or HUD if you feel that they are violating your rights.
Are certain breeds restricted of being an ESA if you are applying to get them to live with you in college dorms?
An ESA cannot be restricted by breed or size as long as the animal does not inflict a financial burden on the landlord and the animal does not cause damages.
My landlord is trying to tell me that because my therapist is licensed in another state that I cannot have my ESA unless I get a letter from someone local, that my dog cannot be more than 20lbs, and breed restrictions still apply. Can she do this?
No, your landlord cannot require which therapist you can see or not see.
Am i allowed to have a pit bull as an esa? I was told that i wasnt allowed to because of her breed
As long as the animal does not inflict a financial burden on the landlord and the animal does not cause damages, an ESA cannot be restricted by breed or size.
Today I gave my ESA letter from my therapist to my landlord. Since I have only been seeing this therapist since 12/28/18, she is saying she needs more information & letters about my condition from previous doctors I’ve been seeing. Is this legal?
This is not allowed. Your private medical information is private and does not need to be shared with landlords.
If I have an emotional support cat and I am applying to live in an apartment, can the landlord require that my cat’s front claws be removed? Also, can one person have two emotional support animals?
Your landlord must provide reasonable accommodations for you and your ESA. A person can have more than one ESA if their LMHP recommends more than one animal.
It is not legal to require a cat’s claws be removed, as this is extremely harmful to the cat and will cause litterbox problems.
I received an Esa housing letter but the apartment complex I’m moving to is telling me the letter is not real and they can’t get in touch with the therapist. I received my esa letter from this site. And they said that if they get one complaint they will kick us and my esa out of the complex. Can they do this?
Your landlord can email your therapist and they will be able to respond to them and confirm the letter was written and signed by them. You landlord must provide reasonable accommodations for you and your ESA. We suggest contacting an ESA lawyer or HUD if you feel that you are being discriminated against.
Hi there, my husband is a 14 year army vet and we would like to make his dog his ESA. I was wondering if these letters/registrations are nationwide? For example obtaining it in one state and then moving to another state. Will that lead to any issues at all? Thank you in advance!
Linda
Linda, ESA letters can be used in all 50 states. If you get your ESA letter from your current state and move to another state, the letter would work as normal.
Can my landlord ask for a medical reason for my ESA
No, they cannot ask for private medical information.
How arehotels effected by having an esaanimal?
Hotels are not required to accept emotional support animals. Some hotels will allow them, but you must have permission.
I have an ESA, as does my neighbor in the building next door to us. The buildings are owned by the same company. Our landlords are telling us that we cannot care for each other’s ESAs. They cannot be walked together on the property, and they cannot be in each other’s apartments. They say that this is an insurance issue that is posing a financial burden. Can they tell us we cannot care for each other’s dogs, and can I request their insurance policy to see the wording?
This is new to us. You could ask for documentation of this to check if they are telling the truth about this matter. If they are not, you could file a complaint with HUD.
When the new owner purchased the apartments, October 31, 2017, they did not tell us no pets. I didn’t not sign anything to that matter and now the manager is saying verbally no pets. Unless I register my 2 tuxedo fixed cats as my emotional support animals, with I.D. Where do I get an I.D. And yes they are my emotional support cats as I lost my husband of 26 years, 4 years ago. I’ve lived her 13 years. Besides the letter , what do I need to do? Sincerly, Vannie Ransbottom
You are not required to have an ESA I.D. All you need is the ESA letter from a licensed mental health professional.
Is it legal for a Mall Manager to:
1. request the ESA letter as proof of a emotional support animal?
2. to post a requirement for ESA owners to be prepared to produce a letter?
3. to retain a copy of ESA letters on file?
4. to ask a patron to leave the mall if they cannot prove their animal is an officially approved ESA?
Thank you.
Emotional support animals do not have special access rights in public spaces. If the mall manager is nice enough to allow your ESA inside the mall, they are able to ask for documentation and deny patrons without documentation.
My mom has an ESA letter for her dog and she’s trying to move to a new place. Does she need to state on applications that she has a pet? We live in LA and most places don’t allow pets and even though the dog is an ESA dog, I’m worried our application will be denied for baseless reasons, when behind closed doors it might have been denied to avoid having a dog in a unit.
Please let me know if ESAs need to be disclosed to potential landlord on rental applications. Thank you
An ESA is not considered a pet so she may not have to disclose it on the application, but you should provide documentation before you move in so that there are no complications.
I already gave the park i live in papers and they are denying my emotional support for my bf bc he refuses to give them medical papers stating he needs this dog. Ive already paid to make her an emotional support dog. he doesn’t want everyone to know his medical problems. can they still deny the dog and evict us for not giving a doctors note? he doesn’t want everyone to know his business.
An ESA letter must come from a licensed medical professional, but does not require private medical information on the letter. Management cannot request private medical information.
CAN A LANDLORD DENY YOUR ESA BECAUSE THE EAS LETTER IS FROM ANOTHER STATE OTHER THAN THE STATE YOUR CURRENTLY RESIDE IN?
No, you can have an ESA letter from a therapist in another state.
I have a neighbor who has 3 emotional support dogs. Our condo rules state only two dogs are allowed per unit. Is it normal for a person to need 3 emotional support dogs????
It really depends on the person.
I have an ESA dog and a written letter form my doctor. I provided this letter to my soon to be apartment’s leasing office and they gave me another form to fill out asking WHY I need an ESA. I felt extremely uncomfortable going into my medical history with anyone other than my doctor, let alone complete strangers. I told them that I do not feel comfortable talking with them about my diagnosis and they said to just write why I need my dog and said to write”she calms me down, etc.”…
I felt put on the spot, embarrassed, and so anxious. They said that they have to have management review the form, sign off on it, and get it approved by corporate before the deposit and pet rents are waved. Is this illegal? I’m in Texas. I feel like I had to defend myself and I just don’t feel right now.
You absolutely DO NOT have to disclose any private medical information or diagnosis. They have the right to take some time to review your need, but it should be a reasonable amount of time.
If I wanted to buy a Tiger (Which is not allowed in IL, where I reside) and were to claim it as an emotional support animal, would it be allowed into the state?
No, because it would be a danger to the public.
I live in MN and I got my esa letter online from a therapist. is there a law that my apartment may deny my dog due to the letter written by an out of state therapist and that my dog is a Pitt bull
You have the right to choose your therapist. Some states may have regulations on where your therapist is licensed while some states do not. Emotional support animals can be any breed, but they must not cause damages or be a danger to other tenants.
I have everything im supposed to have for my emotional therapy animal which is a pit he says i can’t have here and she needs to be gone in the morning if not im out my place. He says nothing have matters. So i called ADA about but they tell me to stay but i won’t feel comfortable anymore staying here anymore. I just want leave and fill a suit
I just gave my HOA my ESA letter. One of the board members (who I think has it out for me) requested for me to share my pet’s vaccine records because “it’s the law.” Is this really a law in Florida? Is there a law that requires ESA owners to hand vaccine records of their pet to the HOA?
This is not a requirement under the Fair Housing Act, but it could be a local requirement.
I have an emotional support dog and I want to buy a home in a manufactured home park that has a no pet policy. Can they deny me?
Emotional support dogs have access rights in manufactured home parks and they cannot deny you if you have the proper documentation.
Can a landlord ask an ESA dog to “leave the premises” because of “excessive barking?” It does state in the rent agreement that if the dog becomes a nuisance to others it can be asked to leave but does this apply to an ESA?
I’ve had a traumatic past dealing with an emotionally abusive stepmother and assault from ex boyfriends. I am also on a certain medicine where one of the side effects is depression and suicidal thoughts. Does this qualify me for an emotional support animal? Would I be able to acquire permission to have an ESA cat in my dorm per a doctors prescription? Would the housing director be able to refuse me having one in the dorms even if I had all the appropriate paperwork? I don’t know if this is relevant but my school is private. Thanks.
I moved into a home and paid a pet deposit for my cat which is currently NOT certified ESA. My doctor and therapist will be getting me letters in support of my cat being an ESA for me. Can I get my deposit refunded once I have the letter from my doctor and therapist? Thank you
I live in a retirement community which allows ESA’s on common property and common walkways and each condo association has its own parking lot and property. A person with an ESA keeps coming on my condo property which is private and has no common property. She is very nasty and after being told that the our property is no common property she refuses our request to no enter our property but she continues to do so/ What can we do about this?
This does not seem like an ESA issue, but an issue of trespassing on private property.
I live in an Apartment Complex and I work 50+ hours a week and my Pregnant Fiance is home with my ESA, My pet has went #2 on the balcony a couple of times, i clean it up immediately when i see it, but the land lord gave me a TEN DAY notice to move out due to that. any ideas on how to approach the next step. -Chris
I live in Government housing and my son needs a service animal. I am being told that since he does not draw disability he can not have an animal even with doctor order.
Drawing disability payments have nothing to do with qualifying for an assistance animal.
Can a municipality in Illinois that has an ordinance requiring you have 2 acres for “livestock” fine you for having a licensed emotional support animal ( miniature horse ) that resides indoors if you do not have 2 acres of property?
Federal laws overrule state laws when it comes to assistance animals.
Can my Landlords prohibit my ESA from living in the home with me if they did not receive a reasonable accomodation request?
Your ESA letter should suffice as your reasonable accommodation request.
My apartment is pet free and I got an ESA script from my doctor and presented it to the complex. They then reached out to my doctor to verify it was real which he did. He signed the form and sent it back to them. They are now saying they have to reach out to everyone on my building and get their permission before I can get my dog. Are they allowed to do this and what if someone says no just because they don’t like dogs? Does this mean I can’t get my ESA?
Your apartment manager cannot deny your ESA simply because other people in the apartment do not want a dog in the building.
My landlord says only lease holders are allowed to have Emotional Support Animals onsite. Is that true? If my roommate’s girlfriend has an ESA, would the dog still be allowed in my unit even if it’s not MY support animal?
Can a landlord pick a certain age for an emotional support cat/kitten. He said he’d allow a cat but not a kitten the kitten is 6 months old…
An emotional support animal cannot be restricted due to age, weight, or breed.
I live in Fl and have received a legal letter for an ESA. When I gave it to the HOA they said I needed to buy insurance if the dog was over 10 lbs. He also stated I needed it registered in the county and the ESA database, provide them with vaccine records, an additional letter for me having an ESA (landlord doesn’t provide any documents) and a letter from a vet stating my dog is an ESA. I know that she needs to be registered in the county and have all her shots up to date but I am not sure about everything else. I contacted HUD but have yet to receive a response. Any suggestions?
It seems your HOA is overstepping their boundaries. Great job on reaching out to HUD. They should be able to assist you with your HOA’s unreasonable requests.
Is it legal for someone to harass you about your emotional support animal? Can someone say they are going to kill your emotional support animal ?
Im looking at buying a condo but the HOA has a rule against dogs if my dog is registered which he is can they still say that we cant have him there
Simply having an ESA registration does not my qualify your animal to be an emotional support animal. You need an ESA letter from a licensed mental health professional.
My ESA is a conure, a small parrot about 13” from head to tail. I’ve owned her for 9 years and last year provided building management with a letter signed by my PTSD social worker that this pet is necessary for my emotional well being.
I have a neighbor who has lives in the apartment next to me but not abutting the side where the bird lives. She began harassing me about my bird making noise all day and night. Believe me my bird goes to sleep when here cage is covered. She put an unsigned note under my door complaining about the noise. She then went and complained to my town’s health dept about the noise. She admitted to the health department representative of sending the note. Two officials came to my coop to investigate the all day and all night noise. The gentleman didn’t open his noise registration machine as my bird wasn’t making any noise. Two times someone banged on my door at 6AM. I couldn’t see who it was but it never happened before. She rang my bell and spoke through the door telling me how noisy my bird is and keepsmjer up all night. I tried to explained not possible but she wouldn’t listened. She threatened to make my life miserable. I called the police to report the threat and harassment. This was on a Sunday at 6pm. At 11pmshe came to my door and was kicking it and banging on the door bell. I called the police again. The police said the noise could be considered to be a noise complaint ignoring my concerns. I filed a complaint with the police department and am awaiting a subpoena where a judge will determine if there is merit to continue. I want to know do I have any rights with my bird against a neighbor, who has been here 7 years and I’ve had my parrot nine years is suddenly complaining. For a period of time last year my bird was is my bedroom which shares a wall with her studio but the neighbor never complained. I moved the bird back to the main room where she is now. When the police asked my neighbor on the other side if she’s ever heard my bird (and I’ve asked her too) she said no.
My coop is no help except mentioning the bird seed which attracts pantry moths and told me to get it taken care of. I have and have the exterminator come every two weeks to lay traps.
I want to know if I have rights in regard to a emotionally unstable woman (admitted to having a psychosis and has had run ins with other neighbors).
As you can imagine this does not help my emotional issues. Any help or direction you can offer would be wonderful. Sorry for the long post but I had to supply the backround.
As a person that has an ESA, you have rights that allow you to keep your ESA in your home. We are sorry that you are going through this with a difficult neighbor.
I have an esa dog. He has fallen ill and requires significant vet attention. Am I allowed to use sick leave from work to take care of him or take care of myself because his needs impact my own?
My Landord is charging a cleaning fee for pets into the apartment. Also wanted to charge a pet fee. She took out the pet fee but still wants me to pay for $200 cleaning fee, which she says is because when we leave they will have to clean the home since a dog been living in the unit for allergies or fur. I don’t seem to win and I feel she always trying to get money out of me, someone please tell me can she do this or not?
If your animal makes a mess and requires additional cleaning, a landlord has the right to charge the tenant.
My landlord is saying that they have an internal policy that only allows ESA’s from a “local” doctor. Do they actually have that right because everything that I’ve read says that we have the right to use whatever doctor from whatever state.
Your landlord’s internal policy does not overrule Federal policy to protect individuals that require assistance animals. You are allowed to see or talk to any licensed health care professional without worrying about what your landlord has to say about it.
my roommates continue to try and get me and my ESA kicked out of the house and are making up lies about him. What can I do?
Hi,
Two questions:
Are ESA dogs allowed in hotels? Can they refuse an ESA dog and/or charge a pet fee?
Can an ESA dog be prescribed to two different people living together or does each have to have their own ESA?
Thank you.
1. Hotels are not required to accept emotional support dogs and they can charge a pet fee if they allow pets.
2. Each person must have an ESA letter for an ESA. An ESA letter cannot be shared by 2 people.
Thank you for your reply and info.
Can the same dog be an ESA for two people if each has their own ESA letter?
Thank you.
Hi, I’m a home owner and I accept a emotional support dog in my property. I love dogs, and I’m worry about cleaning health condition of the dog as the patio they have the dog is never clean and the dogs poop are pile up in corners around the patio. The patio of this house es the front of my other house as it is a duplex and the smell of the poop is a everyday problem for me and the other tenants what should I do? I already talked to them but they are not doing anything about it
This type of behavior is not protected by an ESA laws. If your tenant is destroying property and is not responsible, you may have a good reason to evict your tenant. We suggest reaching out to your attorney.
Do you know if the Housing portion of federal law regarding ESA’s has any provision for temporary “housing” such as a hotel? I am required to have a medical procedure every month out of town which lasts for a week.
Hotels are not required to accept emotional support animals.
Are churches required to allow ESA’s in their buildings?
Churches are not required to allow emotional support animals in their buildings.
What if you’re adding an ESA to an apartment that is too young to be rabie vaccinated? Can the complex deny her?
Individuals who have emotional support animals are not exempt from local animal control or public health requirements.
Can my landlord require me to put my ESAs on my renters insurance, require proof of vaccines, and then make me wait for accommodation approval to bring my ESAs on the property?
My landlord didn’t full out question my letter or deny my ESA, but she told me that she “knows” my mom told me to get a letter which implies that she believes my illness is not legitimate, despite my psychiatrist’s letter. Is this an issue or violation?
I live with my mom in her apartment and have BP II. Is it possible to still get an emotional support dog while living with my mom? I am not on her lease.
Yes, you can get an ESA while living with your mom.
my boyfriend and I are applying for apartments. I own a cat and my boyfriend has two dogs which are ESA dogs. We are running into some problems because a lot of apartments have a two pet policy and are saying that we have to get rid of one of our animals, is this right?
If you have a valid ESA letter from a licensed mental health professional that covers all of your ESAs, then under the Fair Housing Act that should overrule any policy regarding pet limitations the apartment may have.
Hello, I have severe generalised anxiety and moderate depression. I recently moved away from mny dogs to college, but my anxiety scores have sky rocketed since. Normally when my anxiety spikes, feel overwhelmed, or I feel a panic attack or depressive episode coming on I go spend time with my babies and it helps majorly. But without them my anxiety is just in a constant uncontrollable state. I am trying to rent a house with some friends, but the problem is 1. I have 2 dogs, one is part German Shepard and blue heeler and the German Shepard breed makes landlords turn him away even though he is well trained and wouldn’t hurt anyone. Both m dogs are above 30lbs, so they aren’t sen as small. 2. The friends I’m renting with already have dogs, which makes it difficult for a house with. 2 pet limitation. Will getting an ESA note help with the or limitations, or can I still be denied because my friends have their dogs, even though my dogs specifically are what help me?
We recommend that you seek the help of a qualified mental health professional to assess your anxiety and depression issues. If you are given an ESA recommendation letter, you have certain rights under the Fair Housing Act which allow you to be accompanied by your ESA at home, even if your landlord has a no-pets policy.
What if the psychologist who writes my letter is from a different state than what I live in? Is it still valid?
The licensed mental health professional that you seek for help should be licensed in your state.
I want to get an emotional support animal and I found the perfect one at my local animal shelter but she is a pit bull and my insurance won’t cover pit bulls because they’re a ‘bite risk’. Can they still discriminate based on the breed if she is a registered ESA?
Landlords cannot discriminate against ESAs solely on the basis of breed. You are however asking a question about your insurance coverage which unfortunately we are not qualified to answer.
If I live in GA now and do it from here but I am moving to FL in about a month…should I wait to move and then do it or does it not matter by the state..? Also I see a therapist has to do it, can my MD do it if she is aware of my anxiety and has offered to do it or do I have to go to an actual therapist for it?
You can provide your ESA letter from GA to your landlord in FL since the laws surrounding emotional support animals are accepted nationwide. Some landlords may not be well versed in the rules, so you may want to do your own research. If you work with us, we can support you and provide assistance throughout the process.
My apartment place is telling me dog isnt a lab/ american bulldog mix and can u get a sea letter from the vet?
You cannot get an ESA letter from the vet. You must get your ESA letter from a licensed mental health professional.
I currently live in a studio apartment on the second floor. The floor below me is being renovated to become a winery for selling and tasting wine. The construction is still in the process and not being used as a business at the moment. I live next door and adjacent to a bar. The outdoor seating to the bar is outside the apartment balcony. Recently there was a wall put up to separate the stairway entrance to my apartment from the bar, this was enforced by the state I believe. Anyway, my landlord said no pets because of the businesses around me. I have already spoken to my therapist and she would like to write a letter for an ESA. My question is would I still qualify for an ESA. I have done research into the American’s with Disabilities Act and my disabilities of bipolar disorder and PTSD both should be protected. I did not know given the business situation, so i thought I would ask.
The business situation should not prohibit you from having an emotional support animal in your studio apartment.
I have an emotional support dog and want to buy a manufactured home in a no pet park. Can they deny me?
Emotional support dogs have access rights in mobile home parks.
I registered my dog as an emotional support dog. A hotel is telling me I cannot have him there. Is that true?
ESAs do not have the right to be in all public places. The Fair Housing Act allows owners to have their ESA in their home, and the Air Carrier Access Act allows owners to fly with their ESA. ESAs are different from service animals, which have more expansive rights.
Do letters issued by a therapist in one state automatically apply if you move to another state? Or must you get another from a therapist in the state you are currently living in?
Your current ESA letter should apply in all states.
Are ESA allowed in restaurants? In particular my wife and I own a retail establishment. We recently added a limited food menu. She has always brought the dog to work but there may now be an issue with that due to health codes? Or does the ESA laws allow for that?
ESAs are allowed in homes pursuant to the Fair Housing Act and on planes pursuant to the Air Carrier Access Act. They are not service animals which have access to other public places, such as restaurants.
My apartment is trying to get me to sign a Companion Animals License Agreement for my ESA. The statement says they can request to remove my ESA without prior notice. It also states that they can call the humane society to take my ESA away if there is a noise complaint. Do I have to sign this form? I am located in Minneapolis MN
The right to have your ESA in your apartment is protected by federal law. The landlord can deny your ESA only if accommodating your ESA would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider’s services.
The request may also be denied if: (1) the specific assistance animal in question poses a direct threat to the health or safety of others or (2) the specific assistance animal in question would cause substantial physical damage to the property of others.
I live in public housing but my daughter has an ESA which they claim has to b with her at all times…i told them that was not the case…..so sometimes my daughter leaves for school or goes out and I dog sit for her. Public housing says since the dog is not mine it has to be with her at all times. Im confused…are they breaking the law
We are not aware of anything under the Fair Housing Act that requires an ESA owner be accompanied by their ESA at all times. In terms of whether they are breaking any laws – we are not lawyers and cannot advise on the legality of any situation.
I am preparing to live in an on campus apartment. The university requested a letter and diagnosis as well as a form that needed to be filled out. I provided a doctor note and filled out the paperwork as well as provided proof of vaccines and a photo of her (As they requested). They are now requesting I register her with the city and get signed approval from all of my roommates before she can be allowed in the apartment. Can they be asking for this?
There is such such thing as a registry for Emotional Support Animals. There is also nothing under the Fair Housing Act that requires a signed approval from all your roommates.
Are condominium associations that charge pet fees allowed to charge me a pet fee for my ESA? I’ve seen a lot of discussion about rental property, but nothing about condo owners.
No, the Department of Housing has stated that housing providers cannot charge pet fees or deposits for ESAs.
Can a landlord make me take my emotion support dog off the premises if I do not have my esa paper yet?
Landlords are entitled to see documentation for your ESA. Our recommendation is to submit your documentation as soon as possible.
I am a Landlord and refuse pets, 100% I will not bend as they ruin carpet, stink among other things. I have a right to chose who I accept and who I do not. If I see on an application, animal, I put it in the trash.
Sorry, we could not accept your application at this time, simple.
It is illegal to deny accommodation to ESAs unless the ESA is a threat to others, causes substantial damage to property or creates an undue financial burden. The right to live with an ESA is protected by federal law, and a landlord could face serious consequences from government agencies if they are found to have discriminated against an ESA owner. We understand landlord concerns about damages an ESA may cause, but ESA owners are always responsible for any damage or harm their ESA causes to the property or others.
In Ohio our neighbors “emotional support dog” got very aggressive last night and tried to rip thru our screen door to get at my dog, in the meantime my 78 year old mother was fighting to get the dog out!!
We were told by the property manager there is nothing she can do the dogs has papers
A landlord can reject an ESA if the animal in question poses a direct threat to the health and safety of others. ESA owners are also responsible for any damages caused by their ESA.
If my esa note says ‘1 or 2 pets to be used to lessen the severity of illness’ does my landlord only have to accept one? Is there a chance a second one can get rejected?
Best practice would be for your ESA letter to be specific about how many ESAs you need.
I have a question regarding this, as person being affected by an ESA. I have had an ongoing issue with the tenants living above my apartment. We live in a complex in Los Angeles that doesn’t allow dogs. Earlier in the year these tenants moved in and shortly there after obtained a puppy. On numerous occasions they left the puppy unattended for hours and the puppy could be heard whining from down in my apartment, especially in the bedroom. There was even a few occasions where the puppy was incessantly whining for over 12 hours, and even during sleeping hours. Over the months I’ve had to make several complaints to the apartment management about the dog, because it was left barking in the apartment. During one of the times I made a complaint, the manager had checked whether these tenants registered the dog with them as an ESA, since that was the only way the tenants would be allowed to have a dog and it turned out the tenant had not register the dog, the manager then called the tenant while I was in the office, and the tenant told the manager that the dog was “just visiting”. At one point the manager wanted to hear the dog for herself and could actually hear the dog barking from outside when standing on the ground floor and this was at 10:30 pm, she relayed that information to the building management. The only follow ups I ever had was that the management had sent the tenants letters. Then yesterday I was called into the manager’s office and I was told that the dog was an ESA and that their hands are tied. Which seems quite convenient, that after months of complaints that it is now a ESA. I was also told that occasional barking is a reasonable expectation for an apartment. How can it be reasonible when the dog is barking for 15-30 mins? After looking at information on the Fair Housing Act regarding ESAs, it says one of the tenant’s responsibilities is to “Have direct control of the animal at all times”, how can the tenant have control of their ESA if they leave the ESA unattended? Everything I see regarding an ESA is catered to those who have them, but nothing in regards to people affected by them. I do understand that I sound like a person against ESAs, but I am not, I do understand that people need them and why they do and I respect that. But in my situation I am at my wits end having to continuously hear this dog bark whenever the tenants go out and leave the dog unattended, and now it feels like a last ditch effort on the tenant’s part to avoid an eviction for violating their lease for having a dog, which also allows them to continue to allow the dog to bark. And it’s not just a simple solution of just move out either, I have limitations myself and can’t just up and find a new apartment. Are landlords completely tied when it comes to an ESA, even when it comes to violating my rights as a tenant to have peace and quiet?
The “control” language you reference may be with respect to service dogs, which are regulated differently from ESAs. We’re sorry to hear you are having trouble with your neighbor. An ESA owner is responsible for the actions of their pet. If the ESA is causing a nuisance, your landlord should address the issue. A friendly discussion with the owner and an explanation of how their pet is affecting you may also be helpful.
Hi, we had three dogs, one that had a complaint filled against her. One of the three dogs is my esa, the landlord asked us to remove all dogs from property, or face termination of the lease. The complaint was not against the dog that was an esa. Does she have a right to ask me to remove the dog that is an esa?
The right to be accompanied by an ESA is protected by federal law. Your landlord can only reject your ESA if it is posing a threat to others, would cause substantial damage to property or would create an undue financial burden for your landlord.
Where can i fins the proper literature stating that any damage done to property or persons by an esa is solely the responsibility of the esa owner and not the landlord. Any help would be great.
I live in a no dog apartment complex. My licensed therapist provided me an ESA Letter however my landlord told me there were some documents they needed filled out, which I provided to my licensed therapist. As I was waiting to get those documents back I got a letter to my apartment saying the saw my dog and this is a no dog complex and are charging me a months full rent and a pet security deposit. I don’t think this is right, can that do that???
Landlords are not permitted to charge fees or deposits relating to ESAs. However, a landlord must grant reasonable accommodation to your ESA prior to having it move in. Once your ESA is approved, they cannot charge the deposit.
I am a freshman in college and stay in a dorm. I have a letter from my psychiatrist and my dog is my ESA animal, but they are saying i cannot have her if she is not spayed. She is nearly 5 months so she is still too young to be spayed. I was wondering if the animal being fixed is a law somewhere?
That is not a requirement under the Fair Housing Act.
Are buying ESA housing letters online trustworthy?
That’s a great question and we love educating potential clients on the legitimacy of obtaining ESA letters online. You cannot “buy” an ESA letter online. An ESA letter must come from a licensed mental health professional and legitimate service like ESA Doctors will connect you to a mental health professional that is licensed for your state. You also want to use a service that is knowledgeable about ESA laws and provides support during the ESA approval process with landlords and airlines. You may find this article helpful in determining which providers online are legitimate and which ones are scams: https://esadoctors.com/dont-be-scammed-fake-esa-letters/
Hello, I have a small well behaved terrier that is prescribed as my ESA and I have given my ESA official letter to my landlord prior to move in. I have lived in my condo now for a few months and have just been contacted by HOA that I need to fill out an Application for approval for my ESA which I don’t mind filling out the additional documentation but I want to ask if some of the information they are requiring is excessive/illegal? They require from my doctor:
How the use of my ESA will improve the effects of my disability? How the support animal is required for me to fully use the housing unit?
Required from me:
An official letter of explanation of why I need an ESA to be able to use and live at my condo and how my ESA will help me use the unit?
Proof of purchased insurance coverage for liability from animal ownership.
All of this is required along with other understandable documents (vet, etc) and I was told my application could easily be denied. And they said I will be fined $100 a week until my documents are sent reviewed and approved/denied even tho I had already given my ESA letter months ago. Please let me know if some of their requirements are excessive or illegal and what I should do about my situation. Thank you in advance!
The Department of Housing has stated that landlords can ask two questions: 1. Does the person seeking to use and live with the animal have a disability? and 2. Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal…provide emotional support that alleviates one or more of the identified symptoms or effects of a person’s existing disability? If an ESA letter establishes those two points, then it should be sufficient for purposes of the Fair Housing Act. The Department of Housing has also stated that an ESA letter is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support. A landlord may also not charge fees or deposits in connection with an ESA. It would seem requiring additional insurance for an ESA would violate the spirit of that rule.
If my apartment limits 2 pets and i have 1 ESA, and one pet, does it still count as 2 pets?
An ESA does not count as a pet, they are exempt from policies that apply to pets.
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