This article was last updated on May 14, 2025, to reflect the updates in ESA regulations
If you rent your apartment or house, federal law protects your right to have an emotional support animal even if your lease says no pets are allowed. That’s because, according to HUD, the Fair Housing Act “protects people from discrimination when they are renting or buying a home,” including discrimination against people who need an ESA.
Read on to learn about the 4 ways ESA laws help you, as a renter. If you’re planning a move, check out our guide to renting an apartment with an emotional support animal.
If you suffer from a mental health disorder and would like to qualify for an Emotional Support Animal online, ESA Doctors can help connect you to a therapist who is licensed in your state. Click below to get started.
Your ESA Overrides Pet Policy
When you have a proper ESA letter, “no pets allowed” signs become irrelevant to your situation. ESAs are not considered pets under Fair Housing rules; they are assistance animals for people with mental and emotional health disabilities.
So, even if your lease explicitly says no pets, your emotional support animal is exempt because it is not considered an ordinary pet. If your lease has limitations on species (for example, “No dogs”) or pet size (like, “No dogs over 15 pounds”), those restrictions also don’t apply because, again, your ESA is not treated as a normal pet under HUD’s housing rules.
You Pay Zero Extra Fees for Your ESA
As an ESA owner, Fair Housing rules consider it unfair for you to pay extra for your animal. It can also be discriminatory to use different qualification criteria, such as income standards, application requirements, or application fees, based on your need for an ESA.
This translates to:
- No pet deposits (often $500+ per animal)
- No monthly pet rent (typically $25–100/month)
- No non-refundable pet fees
- No special application fees related to having an ESA
However, responsibility matters. If your ESA damages the property beyond normal wear and tear, you’re still on the hook for those costs. There’s no exemption for that; you’re always responsible for the actions of your emotional support animal.
These Rights Cover Nearly Every Rental
The Fair Housing Act prohibits discrimination on the basis of disability in almost all types of housing. This protection covers apartment complexes, private rentals, condominiums, mobile homes, stand-alone homes, and even college dormitories.
The only exceptions are narrow: owner-occupied buildings with no more than four units and single-family homes sold or rented by the owner without the use of an agent. The majority of renters, however, outside of these exceptions, are protected under ESA rental laws.
Landlords Can Face Lawsuits For Not Complying
When landlords ignore ESA rental laws, courts consistently side with tenants, often with substantial financial consequences. Here are some cases that demonstrate how seriously the legal system takes your rights:
Housing Authority $1 Million Settlement
Maybe the largest ESA lawsuit in history, where a Colorado housing authority required $300 fees for emotional support cats in a building where rent was only $125/month. The court ruled this violated tenants’ rights, resulting in a massive settlement. A federal judge ruled the renters had been treated unfairly, saying they needed their animals to live as a non-disabled person would.
Emotional Support Parrot Settlement
In this 2024 New York case, a housing cooperative faced the Department of Justice after denying a resident’s request for emotional support parrots and attempting eviction. The settlement included the largest recovery the Department of Justice has ever obtained for a person with disabilities whose housing provider denied them their right to have an assistance animal.
Fair Housing Foundation Settlement
A disabled veteran was denied rental accommodation for his ESA, resulting in a $5,000 settlement ($1,500 to the Housing Foundation, $3,500 to the tenant) plus mandatory fair housing training for the property manager.
These cases demonstrate that courts don’t just slap wrists — they impose big financial penalties on housing providers who violate ESA rights. They also show that the law protects all types of ESAs, from dogs and cats to more unconventional animals like parrots.
Frequently Asked Questions
How and when do I tell my landlord about my ESA?
As a renter, it can be tricky to know whether you should disclose your ESA before or after signing your lease. You can learn more about the pros and cons of each approach in the article we linked to in the previous sentence, but you should always try to get your landlord’s sign-off on your ESA letter before actually moving your animal in.
You can let your landlord know about your ESA through a short conversation, by email, or by text. If you’re feeling unsure about this step, check out our guide on how to inform your landlord about your ESA.
What happens if my ESA is noisy and neighbors complain?
Occasional barking from your ESA or sounds shouldn’t affect your ESA rights. After all, even the most well-trained dog will bark from time to time. But your ESA rights don’t override your neighbors’ right to “quiet enjoyment.” If complaints pile up, your landlord can request that you address the behavior.
What if I already paid a pet deposit?
If you paid a pet deposit as part of your lease and then your pet later qualifies as an emotional support animal, you can get a refund of your deposit.
Do ESA rights apply to month-to-month leases?
Yes, completely. Lease duration doesn’t affect your federal housing rights. Whether you’re signing a year-long lease or week-to-week, the Fair Housing Act applies equally. Your mental health accommodation isn’t contingent on how long you plan to stay.
What if I move and need to transfer my ESA rights?
Your ESA letter transfers with you, but you’ll need to request accommodation from each new landlord. Think of it as transferring a prescription to a new pharmacy — the condition remains, but you must inform new providers. Keep your original letter and update it annually, or before you move into your new home.
Qualify for an emotional support animal letter online in 3 easy steps:
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