If you suffer from an emotional or mental disability you and your emotional support animal have rights to fair housing. Read on if you or a loved one has an ESA and want to know more about the Fair Housing Act; it could be the most important article you read today.
Service Animal or Emotional Support Animal?
Certified Service Animals are dogs that are highly trained to do a specific task or service for the disabled person. The service can be anything from helping the person navigate through public places, to alerting them to an oncoming seizure or low blood sugar.
Emotional Support Animals (ESA) do not need any specialized training and are there to purely gives comfort and love. Emotional support animals can be dogs, cats, birds, rabbits, lizards, etc. People may use all sorts of animals to give them the emotional support they need to live a fulfilling life.
How Do I Get an ESA Letter from ESA Doctors? Click Here!
What is the Fair Housing Act and Who Does it Cover?
The Fair Housing Act (FHA) is a federal law that states any person with a mental or physical disability cannot be turned away from housing with their certified service animal or emotional support animal. This includes buildings and apartments that have a “no pets policy” in place. Landlords and apartment managers are required to make a “reasonable accommodation” for both service and emotional support animals.
What Does the Fair Housing Act Not Cover?
Even though you do have rights under the FHA, there are still situations in which a landlord does not have to comply with this Federal law. These include;
- When the animal is too large for the accommodation; such as a horse or llama
- Buildings that only have 4 (or less units) and the landlord lives in one of them
- Single family house that is rented without a real estate agent
What Documents are Required by Landlords for your ESA?
Under the Fair Housng Act, a landlord has the right to ask for proper documentation for your emotional support animal to prove you are in need of its service. This document is in the form of an ESA letter from a mental health professional; which includes licensed therapists, psychologists, and psychiatrists. Your family doctor cannot prescribe you an ESA since they are not considered a licensed mental health professional. In addition, the documented letter must be signed and printed using your mental health professional’s official letterhead.
Some apartment managers require an additional form, that they provide, that must be filled out by your therapist. The therapists that work with ESA Doctors can assist you if your landlord requires extra documents. Click on the link below to get started with your ESA evaluation if you do not have an ESA letter from a mental health professional.
What Landlords Cannot Ask You for Under the FHA
When it comes to having an ESA, there are very specific rules and regulations set in place by the FHA to protect your rights. Under this policy the landlord is not allowed to;
- Make you pay any extra rent or deposit for having an ESA
- Cannot ask you about your disability
- Cannot make you register your emotional support animal
- Require the animal to have any specific training
- Refuse to house you because their insurance does not cover ESA’s
However, be aware that the landlord does have a right to ask you to pay for any damages the ESA may cause and he/she can also evict you due to unruly or out-of-control behavior from your ESA.
What If the Landlord Refuses to Comply?
Under the FHA if the landlord refuses to comply, you have the right to sue the property manager. This is a discrimination against you and the person can be charged under Federal Law. If your landlord refuses to give you housing, these are the steps you can take.
- Be sure to make the landlord/owner of the property aware of the Fair Housing Act laws and the penalty that will ensue due to their failure to comply.
- Report and file an official complaint against the property manager/owner to the U.S Justice Department or HUD.
- You may sue the owner for discrimination.
Fair Housing Act and Emotional Support Animals
Don’t let a landlord or property manager refuse your ESA. Remember that you have rights under the Fair Housing Act. If you find yourself in a situation with a building landlord or property manager, follow the steps to make sure the discrimination stops with you. If you do not have access to a therapist and cannot get an ESA letter, fill out the questionnaire in the link below to get qualified for your letter today.
Need an ESA letter from a licensed mental health professional?
See if you qualify by clicking the link below.
[…] FHA or Fair Housing Act allows you to live with your emotional support cat, even in “no-pets” apartments and […]
Can a landlord demand you pay for replacing capit in a unit when you leave, if you have a documented ESA?
As well as making you sign documents that say you’ll pay for the new capit?
Every ESA handler is responsible for their ESA and any damages caused by the animal.
I have a documented disability. I also have an ESA: My children and I have been displaced and seeking shelter. The Salvation Army denied my request for temporary housing at their shelter because I have an ESA. I was told I my children could stay at the shelter but my ESA could NOT….. I advised the ESA is part of my medical treatment. I further explained , advising me that “ I could stay but not my ESA, is equivalent to advising a paralyzed- wheelchair bound person “ you can stay but you can not bring your wheelchair into the building. My children, my ESA and I were forced to sleep in the car. What can I do in this situation?
I have a tenant that moved in a house and with 1 month after moving in got 2 dogs claiming to be Emotional Support Animals. I only found out about the animals after doing an Insp. Then the wife didn’t tell me at the time that they were Emotional Support Animals, the husband unformed me the next day . I do not know what to do, I feel as I have been deceived and do not like it for my owner.
We sympathize with your situation. We always encourage ESA owners to be upfront about their ESAs and submit their requests for reasonable accommodation as soon as possible. ESA owners have the right to be accompanied by their ESA under federal law and it is not necessary to hide the ball from landlords, even though we understand that owners are very fearful about having their ESAs taken away from them.
I know the ESA exempts a pet fee and pet rent, does it exempt a refundable pet deposit?
Emotional support animals are exempt from refundable pet deposits.
I have a 2 yr old Bullmastiff that is registered emotional support dog. I also have medical documentation from my mental health psychologist as well. I was recently turned down after being told that I could move into a low income apartment high rise. The person who rejected my admission said that the reason is because of health and safety of the other tenants. This woman never met my dog and he is a docile and extremely friendly dog to everyone including other dogs and cats. I recently submitted a request for an informal hearing with the Niagara Falls Housing Authority to dispute their decision. Bullmastiff dogs are at home in apartments, condos, homes etc.. because they don’t require much activity. I am waiting for a hearing date but I really need to know everything I can before I meet with the people of the Housing Authority. It’s a federal funded housing facility. Any help will be greatly appreciated. Again, I was told that I had the proper paperwork regarding my dog’s ESA registration. From what I was told by one of the Niagara Falls Housing Authority caseworkers, that my dog will cause a problem with the other residents who complain about everything and it’s easier to just reject my application. Please help and thank you.
All that is required is an ESA letter from a licensed mental health professional. You did the right thing by contacting your local Fair Housing Authority. Good luck!
We are renting and have 2 dogs and 1 esa dog. For the 2 pets we have we paid the pet deposit and everything. Our problem is our neighbor has called the owner of the home we rent and told them our ESA dog is vicious and dangerous. We rent from a property manager, so then our property manager called us to let us know the neighbor called the owner. Now our property manager wants to come meet our esa, which is fine but also stressful. The reason our neighbor has said this is because our esa will bark at his 2 small dogs. Our boy is a german shepherd, he has never jumped the fence, never gotten out without us, never bit anyone or tried to. Our neighbor has made comments about his breed and how they are not good to have. Anyway, my question would be can the homeowner do anything to us?? We go through a reality company and have submitted our boys esa paperwork.
1st of all, take a deep breath of relief, bc you’ve got the law on your side. Neighbors can be a huge pain in the rear. However they are absolutely powerless to do anything to get rid of you or your Esa animal. I recommend checking out the Ada website and or checking out fair housing acts for service dogs and or requiring said pet deposit. so I wouldn’t worry too much just get that letter stating that you need to have either emotional support animal or service dog I do recommend service dog because it gives you so many more rights were as emotional support does not once you have that letter take that to your landlord along with a friend out copy of the Americans with Disabilities Act that’s specifically shows service dogs and tenants. After that if they refuse slap a lawsuit on them because they will be breaking the law should they evict you!
We would clarify that the qualifications for ESAs and service animals are very different, and you need a genuine need for either of them, i.e., a disability that has been confirmed by health professional. You cannot simply obtain a letter for an ESA online (at least not from a reputable provider) – you must be assessed by a licensed mental health professional licensed in your state and be given a recommendation by them. Service dogs are also required to be trained for specific tasks that help a person with a disability, whereas an ESA does not need any special training.
[…] the Federal Housing Act, a disability is defined […]
Can the company that owns the housing enforce a weight limit?
Fair Housing states that weight cannot be a reason to deny an ESA.
Can an ESA be denied if they are is a Breed Specific Ban law in place.
Emotional support animals are exempt from Breed Specific Laws.
I wanted to share a recent successful experience for the ESA community:
We have an ESA that is a Pygmy Goat in Miami County. “Grazing animals” are not legal to have in accordance with Code Compliance Laws despite providing a letter from a therapist. The police department issued a 30-day notice to remove the animal. I read a lot of cases and did the following and I now have permission to have the goat.
I drafted a letter specifically asking for “reasonable accommodations” in order for the disabled child to enjoy his dwelling. I encoles the rights under the FHA, ADA and argued that the HUD prevents the discrimination of specific breeds or species for reasonable accommodations. This was sent to the City Hall Public Relations and the Americans With Disabilities Act Coordinator.
Keep in mind that the animal was not violating any other issues such as nuisance issues, danger to the public or distraction to property.
The city granted our request without the need of going to court. I hope this may help someone that may be in this situation. Don’t be afraid to ask the city for help and keep a record of your progress in case there is cause for filing a civil suit for descrimination.
I live in a neighborhood with rules and covenants, and I own my home. I have a mini pig as my ESA. What does the FHA say about neighborhood associations?
The FHA overrules home owners associations and neighborhood associations.
There’s a “no pet” policy at the cottages I live in. I did not tell my landlord I have a service dog because he asked about pets and I do not consider him a pet, Can I get in trouble if He finds out that I never told him ?
Emotional support animals are not considered pets and must be allowed to live with you. There are a few exceptions listed above.
PLEASE HELP ME! Can a Landlord force me to move into one of their other buildings after I signed a lease and they Found out i have an ESA ? They said i withheld information but I did not get the ESA or Even Purchase the dog until AFTER the lease was signed & i have dates and proof of Dog purchase and when I was recommended ESA from my therapist. They contacted lawyers after i notified them of my ESA!
PLEASE HELP. THEYVE CONTACTED THEIR LAWYERS SAYING I WITHHELD INFORMATION WHEN SIGNING LEASE. I checked the lease on part for Animals and ESA and it doesn’t even state if you have prior knowledge or Suspicion of getting ESA to let them know. Please help. Should I Fight This???? I’m 6 months pregnant and have A 1 yr old. I don’t want to have to move if i don’t have to.
You are not required to submit ESA paperwork before signing a lease. Your landlord may be misinformed. We suggest reaching out to HUD if you want to file a complaint.
I have a letter from my psychologist that I need my ESA dog and my landlord won’t let me he said no and he knows the rights he said If I do have him here he said he will kick me out. How can I get a hold of FHA and HUD to complain to them about this.
You can find more information about what to do if your landlord denies your ESA here: https://esadoctors.com/landlord-emotional-support-animal/.
Can a landlord ask you for another ESA letter from a local doctor? I received a letter for an ESA from a medical professional in another state because I’m receiving counseling virtually. What rights do I have?
Your landlord has no right to tell which doctor you can or cannot see.
I am trying to rent a house but am told by everyone that my dog is classified as an aggressive breed (Rottweiler, Doberman, pitbull, etc) so they won’t allow her. If my therapist writes me an ESA letter, can the renters/property managers still refuse to rent to me?
You may have a Rottweiler, Doberman, Pit Bull, etc. as long as your ESA does not cause any undue financial hardships for your landlord. Please note that your ESA must be well-behaved and cannot cause damages to person or property.
My pet recently became my ESA while I am at the same place of residence–is my landlord required to return my pet deposit now or at the time of vacancy?
You can request your pet deposit and let your landlord know that the Fair Housing Act does not require you to pay a pet deposit for your emotional support animal. Unfortunately, the FHA does not spell out what to do in your specific situation.
Can a landlord insist on being provided with a dog license in California? and evict if one is not provided even when the dog has an ESA?
This may depend on the city you live in. We suggest reviewing your city’s pet license requirements. As a note, an ESA must have a legitimate ESA letter to qualify as an emotional support animal. Registries and licenses are not required nor recognized.
Would an RV park be covered under the fair housing act. The disabled person owns their own RV, has a letter from their doctor certifying their dog as an emotional support do, but are still getting some flack from the park manager.
Mobile home communities must accept emotional support dogs and are covered under the Fair Housing Act. If the resident is getting harassed, he/she may file a complaint with the HUD.
I have a tenant that did not disclose he has a service dog (we have a no dog policy) and has not provided documentation on the dog (it has been 5 months) what do I do now??
If the dog is a service dog, the dog must provide a service for the owner’s disability. If the dog is an emotional support animal, you can request that he show you a legitimate ESA letter from a licensed mental health professional.
I have the letter from my psychiatrist but my landlord says the federal law does not pertain to him. There are three apt bldgs in the complex housing four apts in each. The fourth bldg is his residence. I suffer from PTSD and Bi-polar depression. I have anxiety attacks regularly and migraine headaches. I see a psychiatrist bi-monthly and am on three anti-depressants. I had two dogs at my last residence and both passed in Nov and Dec of 2016. I’ve felt that tremendous loss since. The fear since has increased so I moved from a house to an apt complex to feel safer. One of the apts is rented under HUD and the tenant has been here 17 years. In my condition, I cannot deal with conflict so my 29 yr old daughter called the landlord from the west coast and she was told they could only deal with me as I am the tenant and signee on the lease. Don’t know what to do.
There are some restrictions when it comes to housing emotional support animals. One restriction is if your apartment has 4 or less units and your landlord lives in one of those units.
We suggest contacting your landlord and letting them know that you will be reaching out to the HUD.
Can a complex of condominiums that have a no-pet policy make an ESA comply with the ADA requirement that the service dogs be harnessed, leashed, or tethered?
They may require your ESA to be leashed, but a harness is not a requirement.
I suffer from depression. I rescued an abandoned 8 year old Pomeranian and my apt. Complex says I have to pay them $300 plus $15 per month. The complex is made up of fourplexes, and the owners and msnagers do not live here. They changed it from a senior housing and changed all the rules and rents. I have to pay this within a week. I paid $400 for my old pom when I moved in, but he is grouchy from arthritis. My rescue pup helps my depression and keeps me active. Do I need a psychiatrist to get emotional support help. How much does it cost and can my doctor write a letter since he treats me for delression? I am 79 and only have social security.
Yes, you can contact your doctor/therapist to write your ESA letter for you.
I live in employee housing through my work that is an HOA condo with a ‘no pet’ policy. The condo is owned by the same man who owns the company I work for. Do ESA housing laws still apply here?
Yes, emotional support animal laws are applicable to all permanent living situations. This includes student and employee housing.
You must have a letter from a licensed mental health professional in order to qualify for an emotional support animal.
Can a landlord require an ESA to be fixed (spayed/neutered) before being accepted into an apartment?
Landlords cannot require you to fix your ESA.
Hi. I am buying a condo that has a no pet policy, only service dogs. however I have a emotional therapy cat, in which I have a Dr’s note from my psychiatrist. Can they make me get rid of him if I move in and don’t provide the information prior to moving in.
Condo associations cannot discriminate against ESA owners. You should be able to keep your ESA with you in your new condo.
Can a landlord deny your ESA for being to young?
An emotional support animal cannot be rejected for being too young.
The 4 apartments rule is foggy for me. My apartment complex is a collection of 4 plexes, like 20 of them. The owner is a large property management group off site. One of the 3 employees in the leasing office lives on site. How does the exemption, “If your building has 4 or fewer units and the owner or manager lives in one of them,” apply in this instance.
The owner must live in one of the units for the “4 apartment rule” to be valid. Your ESA should be valid in your circumstance.
I have a ESA and my son has one for his disability can they denie having two ESA if there is two with disabilities and two animals one for each. Mine is to calm me down she is very lazy and laid back were the oone for my child is busy to keep up with her and help her in public situations
The law allows for more than one emotional support animal in a home.
I have 2 ESA dogs and can’t imagine parting with either. Can low income housing restrict me to only one?
The law allows for handlers to have more than one emotional support animal, as long as the request is reasonable.
Im confused about unit size/landlord dwelling. I live in a building with only 2 apartment units. However, the landlord does not live there. Am I disqualified from the FHA even thought landlord doesn’t live there? It’s a no-pet building yet her daughter just moved in with her dog.
If the landlord does not reside in one of the units, you may be entitled to an emotional support animal living there.
I have an emotional support animal in a condo development that does not allow pets. I have completed the paperwork and the esa was approved….6 months later and I’m being told although I pick up after my esa, they are going to restrict where he can go to the bathroom. He only uses the grassy, common areas…. can they tell me he can only urinate in designated areas of their choosing?
Your condo can designate where your ESA can relieve itself.
does a person have to get a new letter every year? you keep saying a letter from a mental health professional so why can you buy a letter from pot doctors? how is this legal?
Airlines and landlords require a new ESA letter every year. You can fill out the questionnaire and have a licensed mental health professional evaluate your need for an emotional support animal. We are not well versed on how pot doctors work.
I am working with a homeless client who has an emotional support dog, a Pitbull/ Boxer mix, and she continues to be turned down for certain specialized housing in our community. Do these laws pertain to sharing a unit with a roommate? We have a program here for people with mental health diagnosis and the agency has denied my client because she would be living with another woman. I even explained how this dog has lived with 50 people every night in our shelter since last October and there has never been a problem, in fact, all of the residents love this dog…if I could clone her I would. The more I have researched her rights, the more I realized she is being discriminated against and this has been our main barrier in finding her permanent housing. So again, should my client and her emotional support dog be allowed to live in a mental health supportive housing type of place? I don’t believe the landlord resides in the building.
If it is a permanent residence, your client should be able to live in the home. You can contact an ESA lawyer or file a complaint with the HUD. Link to HUD can be found in the article.
I have a tenant who has an ESA that is a 65 lbs pit bull. It barks and annoys other neighbors because of its deep loud bark. Also they do not pick up the droppings outside. Is it legal to ask them to get rid of their ESA since it is breaking the rules?
If your tenant’s emotional support animal causes destruction of property or if it endangers another tenant, you can write them a formal request.
What are the rules regarding, health, vaccinations, etc regarding an ESA living in a condo?
We advise that all vaccinations are administered so that your animal can be safe and healthy.
What about animals that are being. ” trained” to be an ESA or service animal? The tenant has no need but is supposedly training the animal.
If the person is not in need of the assistance animal, the animal would not qualify under the Fair Housing Act.
It’s been a month and a half since I submitted my ESA paperwork to my landlord. Is there a time limit on how long they can wait to accommodate me or do i just have to let them wait it out for as long as they want?
You can email your landlord and ask why they haven’t responded to your request. If they are purposely delaying your ESA request, this could be a form of discrimination.
I’ve had an emotional support animal for a year and half at my current apartment residence and since the start I’ve felt that they’ve had it “out for me” due to the lack of support in having my ESA. I’ve received 2 noise complaints last year when I first got my ESA, a dog, and it was a transition for her so while she did make some noise it wasn’t excessive. I was told that a noise complaint wasn’t anything other than a notice, and the only way it would come of anything would be if management heard the noise and it was in fact excessive. I got a letter today from our senior management (someone outside of this smaller complex) accusing “my dog” of whimpering everyday at 5-6am, me leaving feces on a sidewalk, and that if another complaint comes through my lease will be terminated.
No one confronted me about the “5-6am whimpering” and I’ve received threatening note(s) from other tenants.. what rights do I have? Should I seek out a mediator or some other help? I have sever anxiety and this is causing me such distress.
My girlfriend has a ESA a mini pig. her apt complex is requiring a proof of vet documentations and saying there is a approval process of having a emotional support animal before it can live there and threating a eviction. they are also requesting a picture id of the animal as well the pig does not go outside and does not make a sound sleeps all day and just cuddles when she gets home. she lives on the bottom floor. so no concern of neighbors underneath for sound complains and she lives in a 12 unit building . is that legal. she has provided documentation from a mental doctor and the pig is registered as a ESA through the state of Michigan. is this legal. she feels harassed because everyday she comes home to a letter on her door about more and more documentation needed for a ESA.
Your landlord may be pushing back on your ESA request because they are unaware of the laws surrounding emotional support animals. Federal law does not require you to register or have a picture ID for emotional support animals. If you want an ID for yourself, we suggest contacting Service Dog Certifications. If you feel that you are being discriminated against, you can contact an ESA lawyer and/or file a complaint with the HUD.
I live in a transitional housing complex of 30-40 apartments, not sure the exact number. We don’t have leases as we all come from homeless backgrounds, but we do pay rent as we get on our feet. I have been paying rent for about 1.5years now. My son has had anxiety issues since his father sexually abused him (which is what got us to this situation in the first place). He suffers from night terrors that cause him to become a danger to himself. He is violent during the day at times. His therapist wrote a letter explaining how long she has been seeing him for, that he has anxiety that is mitigated with a dog by his side, and that we should be allowed to have one in our apartment. My caseworker (a representative of the complex and the person we go to for any apartment related issues) said that they generally dont accept ESA’s because “anyone can get a letter for them.” What can I do and are they allowed to refuse?
You can contact an ESA lawyer or file a complaint with the HUD. Your caseworker should allow you to have an ESA in the housing complex.
I provided all documentation to my landlord including a therapist letter for my Elsa and they are still saying I have to pay deposit and additional monthly fees or I hav two get rid of my dog or they will evict me. Can they do this? How do I take this to court?
This is NOT legal. We suggest contacting an ESA lawyer and/or filing a complaint with the HUD.
Our landlord is going to accept our Dog as an emotional support animal for our son with autism but is requesting that the doctor put our ESA’s name and breed on the paperwork can they request this?
This is not required in the Fair Housing Act, but you can oblige if it’s not too much trouble for your doctor.
I have a cat i did not have esa approved however i have the cat to help with depression and anxiety. My landlord found out that i have a cat and is threatening to evict if i dont get rid of my pet. If i get my pet esa approved can he still deni me to live here since i had the cat prior to having it certified?
As long as you have an ESA letter from a licensed mental health professional, you cannot be denied your emotional support cat in your apartment.
I am moving into a mobile home park. The landlord says we can have an esa pet he is not denying that but, he says it is still a pet and we have to pay a pet deposit and monthly fee like everyone else. Is this true?
This is not true. Landlords cannot charge additional pet rent or pet deposits for emotional support animals.
I’m currently going to court with the city I live in because there is a breed ban on pit bulls and any dogs with those characteristics that make it look like it could be a pit bull or of the bully breed. I represented myself and used the FHA, but I was still found guilty because I didn’t present my information and argument correctly because I’m not a lawyer. I have filed a complaint with HUD, they said they are denying my complaint because of the city breed ban. What do you suggest my next steps be? I’ve been fighting this fight since December, and i really want and also need, my dog home with his family. Any information or advice would be appreciated so much! Thank you in advance!
Are college dormitories exempt from ESA rules?
No, they are not. College dormitories must allow emotional support animals access if the owner is in need and has an ESA letter from a licensed mental health professional.
I have an ESA with documentation from my psychiatrist and I’ve been taking her with me when I go visit my mom at her apartment. The manager is telling me that he does not have to accommodate this and that my mom is in violation of the policy if I bring my ESA back, is this true?
Emotional support animals only have access to your own residence.
I have a 6 year old autistic boy living in my 2-family. It’s an older home and not at all soundproofed. I recently had to evict a brand new tenant that snuck a PET dog into the other apt. that squealed for hours at the door the first time it was left alone. That door happens to be right next to the living room wall of the lower unit. There is no doubt in my mind that I will not keep my downstairs tenants due to the noise and autistic boy’s fear if I allow an ESA dog. That downstairs rent covers my mortgage and I need that income. What are my rights in this situation?
If you have a rental property with 4 or less units and you are living in one of the units, you are exempt from allowing support animals.
Ii didn’t get a reply, so I’m posting again. I’m currently going to court with the city I live in because there is a breed ban on pit bulls and any dogs with those characteristics that make it look like it could be a pit bull or of the bully breed. I represented myself and used the FHA, but I was still found guilty because I didn’t present my information and argument correctly because I’m not a lawyer. I have filed a complaint with HUD, they said they are denying my complaint because of the city breed ban. What do you suggest my next steps be? I’ve been fighting this fight since December, and i really want and also need, my dog home with his family. Any information or advice would be appreciated so much! Thank you in advance!
We recommend contacting an ESA lawyer or other legal expert in this field.
We moved into an apartment And got our dog registered as an ESA. We gave them the paperwork they wanted and now are saying we have to have a doctors note by today at 6:00 or we can’t keep him. Not sure if that’s aloud or not but we are in process of getting the letter. Just don’t know if we will have it by tonight. I don’t even get home until almost 630
ESA Registration is not recognized by landlords or airlines. You must have an ESA letter from a licensed mental health professional in order to qualify your pet as an emotional support animal.
If you are being discriminated against, you can file a complaint with HUD or contact an ESA lawyer.
hello I had just got my ESA letter and i live in apartments. I have turned it into my housing authority and completed their steps as well. They have to send the packet off to see if I get approved or not. I have my dog with me now, even though I was told I couldn’t have him here yet before i get approved, Can they evicte me for this reason??
I have an ESA Toy Poodle. She has been barking sometimes while I am at work. Someone has complained to the landlord. There is a strong possibility that I may be evicted because of it. I’m trying everything I can to quell the barking. Is there anything I can do? I have no where to go or stay if this happens. Please help me…
Tiring out a dog may help with the barking. Going for a run in the morning with your dog will allow your dog to expend extra energy and use its mind.
We currently have a tenant who lived in our rental property for 7 month without the pet (per our lease contract). 2 weeks ago we were informed that there is a dog lives on our property. We informed our management co about it. Management co replied to us that the tenant was watching their parent’s dog and want to keep it as theirs. They also offered
$ 500 Pet deposit . We have 1 year old carpet and newly painted walls in our rental, and it did cost around $ 5000 . We asked to add pet rent of $ 50 per month to an addition to pet rent and add the dog to renter’s insurance.
Management co first made an attempt to negotiate and then sent us an email stating that the tenant said that their dog is ESA and the tenant in the process of the documents, and no deposit or pet fee will be allowed. My question is :should we consider that the dog is unauthorized dog or an ESA dog per management? What action we can legally take to protect our rights and property from potential damages from the dog.
Although additional pet rent and pet deposits are not required for emotional support animals, your tenant is still responsible for any damages caused by the emotional support dog.
Mynland lord just told me to move out because I have recently obtained a letter saying I can have a dog. So I got one. Gave her the letter and she said I have to get out. I already have paid my rent two months in advance. What do I do?
You can contact an ESA lawyer or file a complaint with the HUD if you are being discriminated against.
My girlfriend has an ESA and he has very bad separation anxiety, when we were out one day, gone for less than an hour, our window was left open and he jumped out the screen. The screens are flimsy, i can rest my hand on it and it will pop out. He did no harm to anyone or any property but he was picked up by animal control and taken to the humane society. We got him back the same day. Mind you we’ve never had an issue before with our complex, never in trouble, no lease violations, no late rent. A few days later we got an eviction notice saying it was because our dog was not on a leash. We couldn’t control it because we were gone obviously. We see multiple dogs in the complex everyday with no leash, and our dog is always on the leash. The one time he gets out, our landlady said the dog has to go or we can’t live there anymore. Is this legal? I don’t want to live there anymore because of this but I do want to take as much legal action as I can. Thanks
I have an ESA. On the app for the apartment we are applying for do I have to check that I have a pet.
An ESA is not considered a pet.
Hello, I recently got an ESA and my current apartment building has “waived” the monthly pet fee for him, but they are now trying to charge me a $1,000 fine for not reporting him as a pet before I got him. This is an Avalon building – so it’s very corporate. Am I able to fight this?
Assistance animals are not considered pets.
Is there liability to a person if their “ESA” pet bites or harms someone?
The ESA owner is liable for any damages caused by the ESA.
Emotional support dogs have rights in mobile home parks. If the ESA dog is harming other residents or your dog, you may ask the owner to remove the animal.
This means that they have the right to deny your ESA request.
My fiancee has an ESA that is an english mastiff. Many places are telling us that they won’t accept him due to his weight/size. Can they do that?
Emotional support dogs cannot be denied due to age, weight, or breed. The weight of the animal would not cause an undue financial burden on the landlord.
I’m female 64 years old my land lord took me to court to be evicted because of my dog which as an end. I had to hire an attorney. I have a letter from my therapist. And my doctor. My land lord attorney wants to know where that Act came from. And by whom. My next court day is June 26.I don’t know what to do.
I would like. To know if my landlord can evict me although I have all my legal paper for my emotional support dog.
Landlords cannot evict a person simply for having an emotional support dog.
I live in an off campus student housing complex. I provided all the documents I was asked for. Now I am informed that because one of my roommate does not feels comfortable living with a support animal I can’t stay in my apartment and according to the manager they have ask students in other apartments and all have said no. I feel this is no right but don’t know what to do
You can ask for a formal denial via email or certified mail. If you feel that you have been discriminated against, you can file a complaint to the HUD.
I live in a condominium that has a policy of no pets. My son and granddaughter both have emotional service animals. The manager of the buildings said that we cannot have those pets in our place because in their association “Rules & Regulations” No pets allowed on the property by residents or guests. Both dogs are small and don’t bark, bite or potty inside. Can they do that?
HOA “rules and regulations” are overruled by Federal Fair Housing laws. Your manager cannot deny your emotional support animals living with you just because their rules forbid animals.
Can an apartment complex limit the size and weight of my ESA dog? The lease says under twenty pounds, but my ESA is a Lab. They are telling me I can’t keep him here now that we have a new manager and that he has to be registered.
Emotional support animals cannot be denied due to age, breed, or size. You do not have to register your ESA, but you do need an ESA letter. Contact your licensed mental health professional or connect with one online by completing the questionnaire here: https://esadoctors.com/esa-questionnaire/.
Hi there,
We just moved in to our new rental. The apartment let us bring our cats, but my therapist just recommended I get an emotional support animal. We have a dog in mind that is pretty well trained already, and she is a pit.
I’m nervous about how to go about telling them about us getting her. I don’t want this to be a problem since we just moved in, but I could really use the dog to get me through daily life.
How should I bring it up?
If you are afraid of confronting your landlord in person, you can email them with your request and ESA documents.
I submitted my request as well as the letter from my doctor recommending my ESA to my landlord two days ago and the landlord has not responded or replied to my request. How long does the landlord have to acknowledge and respond to the request?
We suggest emailing your documents to your landlord so that you can prove that you have submitted the correct paperwork.
I fly a lot. As I approached BWI airport yesterday to go to the Spirit counter, there was a sign on the doors that enter the airport . The sign’s mentioned something about all dogs needed to be in carriers with the exception of service dogs. I never bring carrier’s and I did not have any with me. Also, I am disabled, I had my cane, my 2 small ESA’s, and I had a wheelchair requested in advance.
A large sized Police officer who was previously seen when I entered the airport chatting away with two men who appeared to work at the airport, left the men to randomly select me to harass. I was asked if I had service dogs and I stated no. I stated that I had ESA’s. The officer told me did I not see the signs on the door that stated my animals had to be put into a carrier? I said I am disabled and I cannot carry carriers. I let this officer know that I travel a lot and I have previously been in the same airport and there were no signs indicating that my ESA’s had to be put in carriers (I was at another airline previously, but same airport). I informed the officer that I can put the dogs on my lap in which I usually do when I receive my ordered wheelchair.
This officer started to tell me about the ADA only covering Service Dogs and not ESA’a. I told the officer that it was impossible for me to carry carriers with my dogs in them. At this point I had enough, so I told this officer that I am also a retired officer who was injured on duty. The response was “Oh…you know the law” and he walked away to join his chat group again. I saw another dog and owner, but this officer did not approach them.
My question’s are as follows:
*Can an airport place signs requiring ESA’s to go in carrier’s
*If someone is disabled, how can one comply with placing ESA’s in carrier’s?
*If the signs on the doors and the police officer contact is not appropriate, who do I complain to ?
In closing, I felt like I was singled out and definitely harassed. I did not want to miss my plane and I did not have time to take pics of the signs and obtain officer information (I really regret that)
We are sorry to hear about your poor experience at the airport.
Airports can post any sign they want, but it doesn’t make it correct or legal.
As a disabled person, you are not required to place your ESA in a carrier.
You can call the disability department at the DOT – 1-800-778-4838.
We have two cats and a dog (ESA) — the dog is an ESA but the cats are not. We are looking at an Avalon apartment and the very nice attendant wasn’t sure if we were allowed three animals as the community limits the number to 2. Again, she was very nice and is checking in with corporate for us, but is there anything I can do?
Emotional support animals are not considered pets.
My property manager has requested additional paperwork, which is fine. However, in the email I received it stated that kittens are never accommodated due to the damage they can make before being spayed. Is is legal to set qualifiers on the animals that are usually only in place because of the Pet Policies?
Emotional support animals cannot be denied due to age, weight or breed if it does not cause undue financial harm to the landlord.
Can low income apartments require an emotional support dog to be fixed if they are not old enough to be fixed yet?
I have a question, I live in an apartment complex about 10 apartments. The property manager lives in one of them. I have sent my letter saying I require an ESA from my therapist of 8 years. I have sent them the letter and they have required me to sent them a certificate. They said it’s a certificate saying they are a ESA. Do I need this for my cat?
You are not required to have an ESA certificate. All you need is an ESA letter.
My girlfriend has an ESA and lives with me in my apartment but she is not currently on the lease. Our landlord found out and said that the dog has to be removed. Can she do this since my girlfriend isn’t technically on the lease
so from reading all the Q and A I have one of my own and I think I know the answer but just to be sure can an apartment complex still charge you a pet deposit for an ESA?
Pet deposits are not required for emotional support animals.
Hello ,
I have two ESA dogs that I do have a letter from my psychiatrist I have a another dog that is not where I live they are telling me I am not able to have three animals even though two of them are already esa’s can they tell me I have got to get rid of my dog that is not Esa? And also have been told that if my dog’s bark in is a nuisance to the neighbor that they can evict me or they can make me get rid of my ESA dog
I have a 5 year old 60 lb pit boxer mix I got for my 7 year old. We got a letter from his Dr today stating he needed the dog I turned it they then faxed separate papers to Dr to fill out which they faxed back to complex and they told me the dog can’t be on property for up to 10 business day. We already brought the dog home after we got the letter. My son is extremely attache to him. My son has PTSD ADHD and sever anxiety from all the violence in the complex we stay in. I live in government housing. Can they evict? Can they deny the dog being here? Can they refuse us to have him all together? I’m scared for my son he doesn’t need any trauma or sudden changes.
Your landlord should provide an answer within a reasonable amount of time. They cannot evict or refuse your ESA if you have the correct documentation and the animal is under your control.
I have an ESA that was disclosed during the application process to the HOA. They requested further information that I have since provided but now want to fine me 1,000 for having the ESA on the property during the application process. Can they do this?
New renters signed a lease. No animals. They have now brought in another adult with a dog. I had them asked for a small deposit and a small monthly fee. They’re now telling me the Chihuahua is his ESA. I’ve yet to meet either the make adult or the ESA. What are my rights please
You can request an ESA letter from the tenant.
Our landlords are exempt from the FHA (single family house and they don’t use a real estate agent) but is willing to let us keep our ESA if we pay a pet fee. Is this legal?
Since they do not have to accept emotional support animals, they can ask for a pet fee.
question: doe an ESA dog have to be walked only by the person who it is assigned to OR can anyone in the family walk the dog??? YES THIS IS THE HANGUP OF THE BOARD MEMBERS IN MY CONDO COMPLEX!!!!!!
Anyone should be able to walk the animal, regardless of their association with the animal.
I live in in a condo development and I emailed a letter from my psychiatrist along with copies of certificates of my 2 service dogs to the management. Because when I bought this condo the development was completely pet friendly. Now they made few restrictions where the dogs can not go , for e.g.. the dogs are not allowed on the boardwalk which belongs to our development. So I can’t use the boardwalk anymore because I have an anxiety when I am close to the ocean without my ESA dogs.
The management replied to me, that our boardwalk is not a public place, that they have their own rules. And they can’t make an exception for me.
Is it considered to be a discrimination?
The condo association should provide reasonable accommodations for you and your ESA.
does an emergency shelter fall under federal fair housing and if so do they have to accept emotional support animals
My mental health therapist is suggesting that I get a emotional support dog. I bought a small condo 8 months ago. Should I request an emotional support dog to my homeowners association before I get an ESA dog?
This is probably a good idea, just so that you do not run into any issues later on.
Can a Homeowner’s Association put a weight restriction on your Service or Emotional Support dog in the state of Florida?
No, emotional support animals cannot be denied due to weight.
Hi, I rent an apartment in a condo complex that has a Board or Trustees to oversee things for the building. We recently got a second ESA dog, but the Board ruled that we are not allowed to keep him. They are also threatening to fine us $30/day for everyday he is not removed. There is a no pet policy for renters in the building, however, both dogs are registered ESAs with appropriate Doctor letters. Are they allowed to tell us we cannot keep one of the ESA dogs, but are allowed to keep the other?
The Fair Housing Act allows for more than one emotional support animal.
I understand Fair housing laws allow for more then one ESA. However is there a limit to the number of ESA animal you can keep in a single family residence? Can you have 5 or more ESA?
This may depend on your LMHP and the size of your home. However, the request should be reasonable and not cause any financial hardship to the landlord.
I live in an apartment complex that has a strict no pet policy and they saw my cat in the window and left a note to get rid of the cats or vacate. I have had anxiety/depression for over 12 years and was diagnosed with bipolar type II 6 years ago. I have always had cats since I was little and when dealing with my mental Illnesses. I went to a psychiatrist years ago, but my family doctor is treating my anxiety and bipolar now. Would an ESA letter from them suffice or would I have to go back to my psychiatrist?
You can get your ESA letter from your family doctor as well as a psychiatrist.
I’ve lived in my apartment for over a year in Minnesota, and already signed another year lease that goes until 10/01/19. I’ve had my ESA reported to the management with a letter from a doctor for a couple months now. I received today under my door a dog lease addendum to the lease/rental agreement. It says, “this dog lease agreement is entered into this 1 day of may 2018”, which makes no sense why now. But it states that I need to get her spayed and have proof, also that if she at any time becomes, annoying, bothersome or in any way a nuisance to other tenants, or to the apartment operation, residents will immediately, upon notice from management, remove the said pet from the premises or vacate the apartment completely. I’m just wondering, can they do this? On the back it states, “non compliance with any of the terms of this pet lease are considered a material violation of the lease and are deemed good cause for termination of the tenancy.” She already signed the date 5/1/18 for us. And again. We received this today. Funny how it’s right after we signed a new year lease! What do I do?
You can reach out to a disability attorney or contact the fair housing department at HUD.
My doctor recently told me I should get an ESA for depression/anxiety. I got a beautiful puppy and he has been nothing but amazing. I want to move into a townhome/triplex that states that they have a no pet policy. I spoke with the management company and they sound like theyre ready for someone to move in. I am worried that if I enform them before that I have an ESA they will deny my request and deny it with some excuse (even though the denial would be because of ESA). Can I sign the lease agreement and not say anything about the ESA until I am officially moved into the house? Thanks!
I live in a single family house. I suffer severe depression. I do not have a pet, but am considering one. Can I obtain the letter from my Therapist and then find an animal? I’m confused on the single family housing, can they deny my request?
Yes, you may obtain the letter before getting the animal.
My previous esa was killed by a big dog next door. He was a small dog so I decided to get a medium size dog so I will not have to repeat the trama. My landlord is saying that I must get another letter for my new esa dog and that it must be a small dog or face eviction. Can he do this?
This is not allowed. The ESA letter is for you and not for the animal. Landlords cannot deny an ESA due to breed, age, or size – unless it brings undue financial hardship to the landlord.
I live in a mobile home, in a mobile home park. Can my landlord deny my ESA?
Mobile home parks must follow the rules for ESA’s.
My therapist recommended me an ESA for my Gender Dysphoria which is causing me depression, anxiety, and SocialPhobia. My Landlords have a Strict No Pet policy, and when I had two kittens earlier this year(Were hot ESA’s) I was forced to get rid of them. If I have proof from my therapist, are they allowed to make me get rid of the dog, kick me out, or charge a fee?
Do I have to pay a “pet deposit “ for my ESA
No, ESA’s do not require pet deposits.
I live in Affordable/Low Income Housing. Are there any laws that may negate the Fair Housing ESA one since my apartment is under Affordable Housing?
Emotional support animals can live in affordable/low income housing.
I recently moved to a no-pet apartments and my landlord says that in order to have a service dog wish I do. my dog needs to be neutered also it has to be registered by city as a service dog to be able to live here. I thought just buying having ESA letter from my doctor will be enough? I really do not want to neuter my dog because he’s such a good dog that I have no issues with him destroying the apartment are using the carpet to pee or poop. I want to know if they can reject my dog from living here with me if I refuse to neuter him?
Your landlord cannot require that your service dog be neutered.
My daughter has an ESA and her note/documentation was signed by a nurse practitioner. Her boyfriend’s landlord is saying that she cannot bring her ESA with her when she visits him unless she provides documentation provided by an actual psychiatrist (he will not accept the nurse practitioner’s letter), and that she has to have a credit score of 630 or higher.
Can he actually require either of those two things? Keep in mind that she does not live there (doesn’t even spend the night there).
Must you walk an emotional support dog off the property
To relieve himself. Is the cono association allowed to tell you
he must delicate & urinate beyond the gate.
Most of the issues posted here are with landlords denying ESA access to rented property. I do not rent but I do own a condo that is a second home and part of an HOA that has a no pet policy. I understand that a letter from my LHCP will legally allow my ESA but my emotional issue is very personal in nature. Do you have any advice about dealing with friends and neighbors who might innocently and without malice ask me why I need an ESA and why I am allowed to keep my dog and they are not?
You are not required to tell anyone that your ESA is an ESA. The only person that needs to know this information is the HOA person in charge of allowing emotional support animals.
I have an esa I paid a deposit not knowing better of 250 bucks not worried about that but now my landlord is telling me that I must pay for and provide pet insurance is this true
This is not a requirement for owning an emotional support animal.
What about apartment that have weight limits for animals? Would they have rights to refuse the animal if its over the weight limit
No, emotional support animals cannot be restricted due to the weight of the animal.
If I buy an apartment in a condo that have no pet police. Can they deny me or say that I can’t buy that because I have an ESA?
If you qualified for an emotional support animal, you would be protected under the Fair Housing Act.
I got new neighbors a few days ago and I understand that if they need an esa, they can have one. What about two esa’s In one place? And also, what if the big esa barks and growls through the door at us every time we come or go? We have a shared 4×8 hallway and their one rather large dog sounds like it wants to come through the door at us every time we open our door.
A person can have more than one ESA. If the animal is being aggressive, you could speak with your neighbor and landlord about the animal.
Hello my girlfriend recently received an esa letter from her therapist and the landlord is refusing to accept it we have given him all the documentation he needs and has went to his attorney and hand delivered us a letter basically saying that we have broke the lease and the dog needs to be removed Monday March 6th and at the time I’m typing this Monday would be the 4th of March I’m just afraid he will try to take us to court and we just cannot afford a lawyer he has showed up only giving us a 5 hour notice yelling at us and argueing with us what should we do we live in Kansas if that helps at all
I submitted an ESA to my landlord for my 2 dogs and it was accepted and I moved into my apartment at an apartment complex. The landlord received a noise complaint from my big dog, a German shepherd and said if I couldn’t correct the problem, I would be evicted. Is this legal and do I have any recourse?
You should email your landlord and ask if they are denying reasonable accommodations for you and your ESA. You can file a complaint with HUD if he is trying to evict you because of your ESA.
How is the ESA laws applied to emergency homeless shelters that are short-term, dormitory-style communal living, and does not receive any government funding?
Hello I have a question, 1.) i leased a single family home and under where it says Name of Landlord it has the property management listed along with their Brooker number on the lease agreement. but i deal with and pay rent to the owner himself. i contacted the property management but they said they don’t manage the property they wereonly used to rent it. does this still qualify and make my ESA letter valid?
The Fair Housing Act exempts owner-occupied buildings with no more than four units and single-family houses sold or rented by the owner without the use of an agent.
Hello I just moved in a low income apartment when I was first offered this the guy who showed me the apartment to make sure I wanted it told me they except small pets so I said yes I want it in all my paperwork I said I was disabled with two dogs but only one was a esa dog but the other one was getting her letter soon after the therapist would decide so they accothe first dog and when I got the other dog certified maybe two weeks later the actually apartment has ask hoc for the therapist and vet to fax over paperwork directly so witch they did now it’s been a month and I have not got no answer for my sec dog witch she has been staying at my moms what do I do I keep asking have they made there decision but hoc says they haven’t gotten a response from apartment yet I’m going crazy what can I do
The Department of Housing has stated that “[a] request for a reasonable accommodation may not be . . . unreasonably delayed.” Unfortunately, there is no specific time period given in which a request must be granted. Generally speaking, landlords will usually respond in a matter of days. A month is a very long time to not answer a request for reasonable accommodation.
I am renting a room in a sober living apartment complex. I provided the ESA paperwork to the woman who manages the sober living unit. She told me that if I “snuck around” and gave my ESA letter to the manager of the entire complex she would kick me out immediately. She also told me I must pay an additional $500.00 dollars per month for my ESA and $450.00 deposit. My rent is currently $1000.00 per month to share a room with another person. Now, she is making me move because I don’t have the money. Are there monetary damages for landlord violations of Hud?
You can contact your local Fair Housing office if you feel that your landlord is not following the rules.
I have submitted my ESA letter to my landlord from my Mental Health Dr which is prescribing my ESA to me, it actually does include a couple of my mental illnesses, how they limit me and how my ESA can help me. It is letter head with her signature and all that. I also submitted ALL my ESA shot records. They have everything. They are now saying I CANT HAVE MY ESA WITH ME OR AT MY APT OR ON THE PROPERTY until “they get additional information from my Dr” basically stating the SAME THING my ESA letter says. They told me Id have to take my ESA somewhere else until they get their papers back (again, stating the same thing I have already turned in) Can they make me take her elsewhere and refuse to let me keep her despite turning in all the necessary legal documents to them? This is HUD too…..
You can always reach out to your local Fair Housing office if you feel that your landlord is not following the rules.
I’m moving into a new apartment complex today. They allow pets, but only up to 35 pounds. My puppy is 6 months old, I’ve literally had her since birth, and she is already 30 pounds, so I got an ESA from my therapist.
Today, I signed my lease and let them copy the ESA (which they were already aware of). Then she informs me that she needs me to pay for registering my dog as an ESA, and that she needs that document too, in order for me to be in compliance.
According to what I’ve read on this page, she can’t ask me to register my pet as an ESA, and that my ESA letter from my therapist is enough… but is this current information? Is there a link to a site with the actual law that states this so I can provide it to my landlord?
You do not need to register an ESA. Most registries are for profit organizations, and the law does not recognize registration of an ESA as a valid way to qualify your pet as an ESA. Your pet can only be qualified as an ESA through a recommendation letter from a licensed mental health professional. Further, your landlord cannot request that you pay any additional fees relating to your ESA.
I am apartment hunting, and have repeatedly had the process shut down once the landlord asks about pets. I say I have an ESA and a letter identifying my dog as such. They say “sorry, we can’t allow dogs”. I’m trying to figure out the best way to broach the subject of my rights under the law without tainting the relationship with my potential landlord. Any suggestions?
So, let me get this straight…if a family doctor is treating you for depression, a letter from your family doctor stating this person needs an emotional support dog, is sufficient? Or, does it need to come from a licensed mental health professional?
A doctor, along with psychiatrists, psychologists, registered nurses and social workers, are considered licensed mental health professionals who can write an ESA recommendation letter.
My recently adopted 5month old puppy is a registered ESA animal. Upon renewing my lease, management requested a doctors note for him. They requested the documentation on a Saturday and requested I provide it by Monday…an impossible request. I managed to have them give me a small time extension. Instead of one day i have three. I’m wondering if there is a rule for the proper allotment of time to request such documents. Obviously doctors offices are closed on the weekend and having not been to therepy in sometime it has been difficult to find a doc to provide the letter. I put in a request with an online therapist but I would like to know if my management company is out of line for giving me such a short deadline.
If an apartment complex has “no pet” buildings and “pets allowed” buildings and I have an ESA letter, can they restrict me to only apartments in the “pets allowed” buildings?
ESA owners can live with their emotional support animals in no pet buildings.
I have lived at an apartment complex for almost three years and my landlords were able to waive the fees and deposits for my two emotional support animals. As of this week, the new landlords informed me that I was misinformed with their pet policy and that I was only allowed to have ONE ESA instead of the two that were prescribed by my licensed therapist. The second ESA will be required a monthly fee and if I do not comply, I will receive an eviction notice. Is it okay for landlords to have a policy on ESA’s?
Landlords must accommodate ESAs under federal law. However, the issue of multiple ESAs is not specifically discussed in the Fair Housing Act. Our understanding is that the basic requirements for reasonable accommodation would likely be the same however. In other words, if a person were claiming the need for multiple ESAs, then he or she would need documentation supporting this need from his or her LMHP. If the tenant has appropriate documentation that they require two ESAs, landlords will generally comply.
I’m looking at renting a new home and the landlord is requesting a $500 deposit and $75 monthly charge in addition to my rent to allow my ESA . The landlord seems reasonable if I’m able to show him he shouldn’t be charging me for my ESA. Is there anyway you can direct me to specific verbiage on the FHA that may state he shouldn’t be adding these extra charges so I may show him?
This is HUD’s guidance on ESAs: https://archives.hud.gov/news/2013/servanimals_ntcfheo2013-01.pdf
“A request for a reasonable accommodation may not be unreasonably denied, or conditioned on payment of a fee or deposit or other terms and conditions applied to applicants or residents with pets, and a response may not be unreasonably delayed.”
I have sent my ESA letters and certification to my student success sent for my college. They are saying that I am not allowed to bring my dog because she’s a ESA and not a Service dog, and hasn’t been trained . Is that illegal, and against the fair housing act, because my psychiatrist said it is?
ESAs are covered under the Fair Housing Act. Please see this article for more information: https://esadoctors.com/fair-housing-act-emotional-support-animals/
I live in an apartment in FL. I have two ESA dogs, but one has been given a few months left in her live by my vet. I was recommended to start looking for a new dog so I still have the two I need. I found one at a rescue and the rescue called my apartment complex to confirm I live there and their policy on pets. I was told by the rescue that my apartment complex said that even though they know I have two ESA dogs that there is a two pet limit. Am I correct in thinking that ESA animals don’t count as pets? Also, one of the leasing agents lives on property but not in my specific building. Can I fight the two pet limit when it comes to me bringing in a third? I have provided a letter from a therapist. I deal with severe depression, moderate anxiety, insomnia and Epilepsy.
We are sorry to hear about your dog. The Fair Housing Act does not specifically discuss the issue of multiple ESAs. However, the basic requirements for reasonable accommodation would likely be the same. In other words, if a person were claiming the need for multiple ESAs, then they would need documentation supporting this need from their LMHP.
My wife and I recently built a duplex apartment building (2 units) on the same legal lot as our own single family home. We also have a mother in law studio unit that we use for visiting friends and family. In total, we have 4 units on one legal lot and we live in one of them. One of our duplex tenants has an ESA, that after 4 months of tenancy has done substantial damage to the unit- chewed up baseboard and door trim, and terrible urine and feces staining on the living room, hall, and bedroom carpet. The tenant has yet to provide a letter from an LMHP. Although we’re heartbroken over the damage to our beautiful new apartment, we have no intention of evicting the tenant, even absent the documentation as required by law, as the damage is already done. However, moving forward, would we be exempt under the 4 unit rule? We’re not opposed to renting to people with service animals and ESA’s, as we’re animal people (Zoologist & veterinarian) too. Thanks
Sorry to hear you’re having issues with your tenant. We appreciate your pro-ESA views despite your bad experience. The federal Fair Housing rules regarding ESAs do not cover rental dwellings of four or less units, where one unit is occupied by the owner. In addition, while landlords cannot charge fees or deposits for ESAs, ESA owners are still responsible for any damage caused by their ESA on the property.
my landlord recently asked me for additional money each month for my pet- as well as a security deposit so that at the end of the term they can clean the apartment if theres is any fleas or ticks- is this allowed in the state of NJ?
Landlords cannot charge deposits or fees for valid ESAs. However, ESA owners are responsible for any damage their ESA may cause to the property.
We are renting and have 2 dogs and 1 esa dog. For the 2 pets we have we paid the pet deposit and everything. Our problem is our neighbor has called the owner of the home we rent and told them our ESA dog is vicious and dangerous. We rent from a property manager, so then our property manager called us to let us know the neighbor called the owner. Now our property manager wants to come meet our esa, which is fine but also stressful. The reason our neighbor has said this is because our esa will bark at his 2 small dogs. Our boy is a german shepherd, he has never jumped the fence, never gotten out without us, never bit anyone or tried to. Our neighbor has made comments about his breed and how they are not good to have. Anyway, my question would be can the homeowner do anything to us?? We go through a reality company and have submitted our boys esa paperwork.
Under guidance given by the Department of Housing, 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 on mere 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.
We will be moving soon so we are looking into apartments. Lots of apartments have a no pet policy. I am Bi-polar and I need my dog. I am having my therapist write me an ESA letter next week. I’m afraid if I show it to the Landlord while I am filling out the application the person will throw my application away when I walk out the door. Can I check no pets on the application? He is not a pet and not say anything at all? After I move in then show it to the Landlord? Will I get into any kind of trouble?
A tenant should never lie on their application. Federal law prevents your landlord for discriminating against ESAs.
I am a landlord and an animal lover. I allow pets w good references in my property. I am dealing w a tenant who off the bat appears to want to combat me on all my policies. After explaining to her my requirements for a dog, she came back to me armed w a freshly minted ESA note and a reference to the law. This is all good and well, but I can’t help feel like she’s just forcing her way. Her original request was written as “we” would like to get a dog, and “are there any restrictions.” And now it’s “I require a ESA that is not bound to your restrictions.”
Why does it feel like people are abusing ESA’s in order to roll over landlords, and is there anything a landlord can do to protect themselves against fraudulent claims?
If a tenant has a valid ESA letter, it must be respected under federal law. We do not condone people that use fake ESA letters, it hurts the vast majority of ESA owners who need their ESAs for valid health reasons. As a landlord, you can curb fraud by verifying the ESA letter was from a licensed mental health professional. The ESA letter should have the LMHP’s contact and license information which you can use to confirm the letter. If it does not, it may be a fake letter. Just a word of caution however, while you can confirm that the LMHP wrote the letter for the tenant, you cannot request specific medical details about the tenant which are confidential.
My apartment complex has a 2 pet max and I have two chihuahuas that I have paid the deposit for and also pay monthly pet rent for. I recently have been having some issues with depression, anxiety and panic attacks and have been thinking a larger dog would be helpful by being able to sit on/with me and provide comfort during attacks. I do not want to move forward with this if my complex wouldn’t allow an extra pet that is over the 2 pet limit. Are ESAs protected from that pet number limit within apartments?
ESAs are not subject to housing complex policies regarding regular pets. However, apartment complexes are able to make up policies regarding non-ESA animals, and it is unclear in your situation whether your two non-ESA pets could create an issue in addition to your potential ESA. Our recommendation is to 1. seek an assessment from a licensed mental health professional to see if you qualify for an ESA and 2. if you do qualify for an ESA, discuss your situation with your housing complex to see how they would accommodate you.
I have an ESA for my 2 dogs and I’m about to sign a lease for a single family home which does contain language regarding dog bite insurance for dogs. Does the ESA eliminate this requirement?
The Fair Housing Act does not say anything specifically about dog bite insurance, but landlords are not allowed to charge fees or deposits in relation to ESAs. This may fall under that category, but we are not qualified to advise on the specific legalities.
I have a letter from my therapist and an ESA form. My landlord says their lawyer told them that my animal doesn’t fall under the ADA. Is there anything else I can do on a legal standpoint? The nitch is that I work for them as well, as an office assistant. But I’ve been open about my depression and they know I was institutionalized for a few days over the summer. I’m pretty okay without my esa (she lives with a friend), but at the same time, I can get pretty bad if I’m by myself for a while, which is why I chose to get her registered.
Sorry to hear you are having these issues. If you have a valid ESA letter, then your landlord cannot deny your request except in very limited circumstances under the Fair Housing Act. The ADA is not relevant – that is for service animals, and ESAs are not service animals. If your landlord has rejected your ESA, you need to ask them for the specific reasons they have done so under the Fair Housing Act.