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 […]
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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.
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.
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.
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.
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 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.