On January 28th, 2020, the U.S. Department of Housing and Urban Development (HUD) issued new guidance regarding Emotional Support Animals (ESAs) in housing. This is a major development for owners of ESAs and the first comprehensive update to ESA housing rules since HUD last issued guidance in 2013.
12 Important Facts ESA Owners Need to Know
All owners of ESAs or prospective owners of ESAs should become familiar with these new rules which are now in effect and replace the 2013 rules. This article addresses 12 important details about the new rules and is intended to help tenants understand their current rights as ESA owners.
- HUD confirms that landlords cannot impose breed/weight restrictions, or charge fees and deposits for ESAs
- Landlords should respond to ESA requests promptly, and at least within 10 days.
- Landlords cannot require healthcare professionals to use a specific form
- Landlords cannot request sensitive details about the tenant’s condition
- ESA requests can be made orally or in writing
- Tenants can make an ESA request before or after acquiring their ESA
- Dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish and turtles can be ESAs.
- Landlords must engage in interactive dialogue with tenants about ESA requests
- HOAs and Co-Ops are subject to ESA rules
- Tenants can use the help of third-parties to care for their ESAs
- Registrations and licenses are NOT legitimate ways to qualify an ESA
- ESA letters can come from online health professionals
Background
First, some quick background, especially for those new to ESA housing laws. The Fair Housing Act is a federal law that makes it illegal for housing providers to refuse a reasonable accommodation that a person with a disability needs to have equal opportunity to enjoy and use a dwelling. Many individuals with mental health-related disabilities, including depression, anxiety, PTSD and phobias, have Emotional Support Animals that provide comfort and relief from symptoms of their condition. In order to qualify an animal companion as an ESA, the owner must obtain a recommendation letter from a licensed health care professional (LHCP).
Tenants with ESA letters have certain rights under the Fair Housing Act:
- ESAs are permitted in almost every type of housing, even those with no-pets policies.
- ESAs are not considered normal pets under Fair Housing rules, and building policies that apply to pets do not apply to Emotional Support Animals. For example, landlords are not permitted to charge fees and deposits in connection with ESAs.
- Landlords also cannot impose breed or weight restrictions on ESAs.
The Department of Housing sets best practice for how ESA accommodations are handled. HUD notes that it was receiving an increasing number of complaints regarding how ESA accommodations should be handled. Tenants complained about landlords unfairly denying their requests, and landlords complained about confusion regarding how to properly handle tenant requests. In response to these complaints and uncertainty regarding ESA procedures, HUD has released brand new guidance to clarify the requirements for ESA accommodation.
For current ESA owners worried about whether their landlord may try to take away their ESA under the new rules, HUD makes clear that landlords cannot reassess requests for ESA accommodation that were granted prior to the issuance of the new guidance. Any ESA requests submitted to landlords after January 28, 2020 however will be subject to the new HUD guidance. Current ESA owners should still become familiar with the new ESA rules that apply to them.
The good news for current and prospective ESA owners is that the new guidance provides some additional protections for ESAs and much needed clarity for landlords and tenants. HUD’s new guidance also answers some questions many ESA owners commonly asked which did not previously have clear answers. Here are 12 facts every ESA owner should be aware of regarding the latest rules.
1. HUD confirms existing rights for ESA owners: No breed/weight restrictions, and no fees and deposits are allowed
In its latest guidance, HUD once again confirms that normal rules that apply to pets do not apply to ESAs. This means that landlords cannot place limitations on the size or breed of a dog used as an Emotional Support Animal. Landlords can only deny ESAs in limited circumstances, such as if there are specific issues with the ESA’s actual conduct which poses a direct threat to others, or if accommodation of the ESA would create a fundamental alteration to the landlord’s premises.
Under HUD guidance, landlords were also prohibited from charging fees and deposits in connection with ESAs. Even if a tenant’s building charged a monthly fee or deposit for regular pets, ESA owners are exempt from having to pay such costs. HUD has affirmed in its latest guidance that fees and deposits are impermissible, and further clarified that landlords also cannot charge an application fee in connection with a tenant’s request for accommodation of their ESA.
A landlord can, however, charge a tenant for damage their Emotional Support Animal causes if it is the landlord’s customary practice to charge for damage caused by tenants. Landlords often complained about not being able to charge fees and deposits to cover potential damage that an ESA may cause, but HUD confirms that ESA owners are responsible for the actions of their ESAs, and that landlords can also deduct costs associated with damage caused by an ESA from the standard security deposit charged to all tenants.
2. Landlords should respond to ESA requests within 10 days
In previous guidance, HUD stated that landlords could not “unreasonably delay” responding to ESA requests. This lead to confusion about the exact time frame a landlord had to respond. Most landlords respond within a matter of days, but some prolong the process and tenants were uncertain about what their rights were if the landlord dragged their feet. HUD has thankfully clarified in its latest guidance that housing providers should respond “promptly, generally within 10 days of receiving documentation.” This gives some much needed certainty to ESA owners who are anxiously waiting for their landlord to make a decision.
3. Landlords cannot require the health care professional to use a specific form or make unreasonable demands of them
One common complication that tenants seeking ESA accommodation run into is that landlords will insist that additional forms be completed by the health care professional in addition to the ESA letter they have issued. Landlords also sometimes impose other demands on the licensed professional, such as making sworn statements.
HUD in its guidance has stated that landlords cannot require a health care professional to use a specific form, provide notarized documents, make statements under penalty of perjury, or provide an individual’s diagnosis or other detailed information about a person’s mental impairments.
This is good news for tenants with landlords that require additional forms which demand invasive information about the tenant. Tenants may still choose to have their health care professional complete landlord forms that are merely confirmatory or that do not demand sensitive details about the tenant’s condition. Tenants are now protected however if their landlord oversteps their bounds and demand that the health care professional complete a form that is beyond the scope of Fair Housing rules.
HUD notes that it relies on licensed health care professionals to provide accurate information to the best of their personal knowledge, consistent with their professional obligations. Just as HUD defers to the determinations of licensed professionals, landlords should also rely on a licensed health care professional’s determination set forth in a compliant ESA letter without making additional demands for sensitive information, or imposing additional requirements like sworn statements.
4. Landlords cannot request details about the tenant’s condition
Some landlords during the ESA accommodation process will demand to know more details about the tenant’s condition and why they need a particular ESA. HUD has emphasized once again that housing providers cannot request specific details regarding the tenant’s condition. Landlords cannot request access to medical records or insist on a medical examination. HUD states in its guidance that landlords are not entitled to know the tenant’s diagnosis, and that landlords cannot require the disclosure of details about the severity of the tenant’s disability.
5. HUD has clarified how ESA requests should be submitted to landlords
Many ESA owners have questioned over the years how exactly they should submit their ESA letter to their landlord. HUD has clarified that tenants can make a request for accommodation of their ESA orally or in writing. The request can also be made directly by the ESA owner, or by someone else on behalf of the owner, such as a person legally residing in the unit with the ESA owner or a legal guardian or authorized representative. Tenants do not need to submit a written request or to use the words “reasonable accommodation,” “assistance animal,” or any other special words to request accommodation for their ESA.
It should be sufficient for a tenant to just let the landlord know they are requesting to live with their ESA and submit their ESA letter.
HUD does however encourage tenants to specify that they are requesting “reasonable accommodation” for an Emotional Support Animal in order to avoid any confusion regarding their request. HUD also recommends that tenants keep a copy of their accommodation request and any supporting documentation. These sensible tips from HUD will come in handy in case there is a dispute later with the landlord about whether an ESA accommodation request was ever made.
6. Residents can make an ESA request before or after acquiring the ESA
Another common question that prospective ESA owners ask is when they need to submit their ESA request to the landlord, and whether they can make a request if their ESA is already living with them. HUD has clarified that tenants can request ESA accommodation either before or after acquiring their Emotional Support Animal.
HUD states in its guidance that a person with a disability can make a reasonable accommodation request at any time, and the landlord must consider the request even if the tenant made the request after bringing the ESA into their home.
We always recommend that ESA owners be fully transparent with their landlords about their ESA situation and to let their landlords know as soon as possible if they are obtaining an ESA. Sometimes landlords find out that a tenant has been keeping an ESA in secret and threaten to kick out the ESA or terminate the tenant’s lease. HUD has stated that in these situations, the tenant can still submit an ESA request, but the timing may create the impression that the tenant acted in bad faith (i.e., the tenant obtained an ESA solely to skirt pet rules). That means a couple of things: First, if you think you may qualify for an ESA, you should seek help from a licensed professional as soon as possible, and not only after you bring an animal home and your landlord discovers it. Secondly, you should always try, when possible, to inform the landlord prior to the ESA moving in. That is not always feasible – for example, if you already live with a pet and then that pet later qualifies as an ESA.
The bottom line is that you should never tried to hide an ESA from a landlord, and ESA owners should submit a request for ESA accommodation as soon as they qualify for an ESA letter. You can also submit the request to your landlord prior to actually adopting the animal that will become your ESA.
7. HUD clarifies what type of animals can qualify as ESAs
Emotional Support Animals are most commonly dogs and cats, but many types of animals can serve as wonderful companions that provide emotional support. HUD in its guidance clarifies that any “small, domesticated animal that is traditionally kept in the home for pleasure rather than for commercial purposes” can be an ESA. Dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish and turtles are given as specific examples of animals that fall into this category.
This does not mean that other animals cannot serve as ESAs. The HUD notes that other “unique” animals, such as reptiles other than turtles, barnyard animals, monkeys, kangaroos and other non-domesticated animals will face a higher bar in order for landlords to accept them. HUD notes that owners of such “unique” animals will face the substantial burden of demonstrating the need for such animal, and should submit additional documentation from their health care professional specifically confirming the need for the animal. In these cases, the health professional will have to describe the unique circumstances that justify the client’s need for the particular animal.
8. Housing providers must engage in dialogue with their tenants about ESA accommodation requests, and also explore other options if the request is denied
Sometimes, tenants face an unfortunate situation where their landlord refuses to consider their request for an ESA, denies an ESA without giving the reasons why, or just refuse to discuss the matter at all. HUD has stated in its new rules that before denying a reasonable accommodation request due to a lack of information about a tenant’s disability or their ESA, the housing provider should “engage in a good-faith dialogue” with the tenant referred to as the “interactive process.”
Landlords have to give the tenant a “reasonable opportunity” to provide documentation regarding their ESA before rejecting the tenant’s request.
The landlord should let the tenant know why they believe the tenant’s ESA request is insufficient, and engage in a good faith dialogue to remedy the situation. If the landlord is refusing reasonable accommodation for an ESA because they have determined the particular ESA poses a direct threat, the landlord must also have considered whether there may be actions to eliminate or reduce that threat to an acceptable level through actions the tenant takes to maintain or control their ESA. HUD gives as an example the tenant possibly keeping the potentially threatening ESA in a secure enclosure.
9. HOAs and Co-Ops are subject to ESA rules
It was generally understood that HOAs and co-ops were subject to the same Fair Housing rules as other types of housing. However, tenants would sometimes face challenges dealing with difficult HOAs and co-ops.
For the avoidance of doubt, HUD has stated that a reasonable accommodation for an ESA may include a reasonable accommodation to a land use and zoning law, homeowners association rule or a co-op rule.
10. Tenants are responsible for the well-being of their ESAs, and can also utilize others to help care for the ESA
It probably goes without saying, but an ESA owner is always responsible for the wellbeing and safety of their ESA, as well as for any consequences that stem from their ESA’s actions. HUD reminds ESA owners in its updated guidance that tenants with ESAs are responsible for feeding, maintaining, providing veterinary care for, and controlling their Emotional Support Animal.
HUD also clarifies that the tenant can do this on their own, with the help of family and friends, or with other third parties like volunteers or service providers.
This guidance is helpful for ESA owners who have had landlords suggest that the ESA must be in their complete control at all times. HUD recognizes that ESA owners, like most pet owners, will utilize third-parties from time to time to care for their animal companion.
11. Registrations and licenses are NOT legitimate ways to qualify an ESA
We have written many articles and cautioned numerous people over the years that the only way to legitimately qualify an animal companion as an ESA is to obtain an ESA letter from a licensed health professional. Websites that sell registrations and licenses for a fee are not providing effective ESA services.
ESAs do not need a registration or license, and these items also do not confer any legal rights on an animal or confirm the owner has a disability.
HUD makes clear in its guidance that these types of documents purchased online are insufficient to demonstrate to landlords that a tenant has a disability that requires an ESA. We applaud HUD’s efforts to crack down on websites that sell dubious ESA services and ineffective products. We also warn clients against companies that sell ESA letters without the involvement of a licensed professional – these types of letters are also invalid.
HUD recommends that the health care professional sign and date any documentation provided and provide contact information and professional licensing information in the ESA letter. We have always connected clients to licensed professionals who provide ESA letters on their signed letterhead, with their contact information and professional licensing information included. We are glad to see HUD has clarified that ESA letters should always meet that minimum standard.
12. HUD clarifies that ESA letters can come from online therapists
We routinely emphasize to prospective ESA owners that ESA letters must come from a licensed health care professional, and HUD again confirms that requirement in its latest guidance. HUD specifically states that ESA documentation must come from a licensed health care professional. HUD has provided as examples of LHCPs the following professionals: psychologists, psychiatrists, optometrists, physicians, physician’s assistants, nurse practitioners, nurses, social workers and other mental health professionals. Landlords will sometimes insist that an ESA letter must come from a physician – that is untrue according to HUD’s guidance.
At ESA Doctors, clients are always connected to professionals that are licensed for their state. The licensed health care professionals that ESA Doctors work with make recommendations for ESAs based on their independent professional judgment.
HUD notes that legitimate licensed health care professionals can deliver ESA related services remotely, including over the internet.
This clarification from HUD is a major win for individuals who are not able to see a therapist in person. Many people, for financial or other reasons, are unable or unwilling to seek help in person, and online services provide an invaluable resources for this underserved population.
HUD’s Guidance Affirms the Importance of ESAs and the Need to Protect ESA Owners in the Home
In its recent guidance, HUD recognizes the crucial role that Emotional Support Animals can have in the lives of their owners. Some examples that HUD gives of how assistance animals help owners with mental illness include:
- Providing emotional support that alleviates at least one identified symptom or effect of a mental impairment
- Taking an action to calm a person with post-traumatic stress disorder (PTSD) during an anxiety attack
- Assisting the person in dealing with disability-related stress or pain;
- Assisting a person with mental illness to leave the isolation of home or to interact with others
- Enabling a person to deal with the symptoms or effects of major depression by providing a reason to live
If you are a current ESA owner or are seeking to qualify to become one, it is important to understand your rights under federal law when it comes to housing. HUD’s 2020 guidance provides much needed clarity on many ambiguities that existed when it came how ESA requests should be processed under Fair Housing rules. It is important to note that HUD has warned the public against ESA services that sell certifications, licenses and registrations. HUD emphasizes that legitimate ESA letters must come from a licensed health care professional.
If you believe you have a mental illness or are suffering from emotional distress and are interested in seeing if you may qualify for an ESA, we always recommend seeking the help of a qualified licensed health care professional. If you do not have a health care professional, are having trouble finding one, or do not have the ability to see a professional in person, we can help connect you to a health care professional licensed for your state that can help evaluate whether an Emotional Support Animal may be appropriate for you.
Below is a recap of the 12 important details regarding the updated Fair Housing rules
If you found this article helpful, you may be interested in saving the graphic below or sharing it with a loved one who may be impacted by these changes.
Thank you for explaining and helping to get proper laws established. Hopefully in the future laws will be established to protect the animals used as ESA’s. Yes people flourish with animals but animals health and welfare needs to be protected as well.
So glad for this updated information . I have a concern regarding a new tenant claiming to have 3 ESA’s in the unit of a HOA.
The male and female are on their third litter. Of 9 puppies
Is this healthy?
We are just finding out about the three dogs
Now the claim is ESA
The unit was bought and there wasn’t full transparency
Each ESA must be covered by a valid ESA letter from a licensed professional. The ESAs must also not create a health or safety threat to other tenants.
I do think there needs to be some kind of certified documentation stating that the animal is ESA or Service Animal otherwise it runs the risk of being abused by people who are just pet owners.
There is already a documentation requirement to qualify an emotional support animal. An ESA owner needs a signed recommendation letter from a licensed health care professional in order to qualify an ESA.
are they allowed in grocery stores
ESAs are not allowed in grocery stores that prohibit pets. ESAs only have rights in housing and during air travel.
I showed my landlord my ESA letter she refused to accommodate me and said if I got the animal she would start the eviction process.
Your landlord needs to give you a valid reason for denial under the Fair Housing Act. Valid reasons include if your landlord determines your ESA is a safety or health hazard, or if accommodating the ESA would create an undue financial burden.
The HUD rules recognizes one of the reasons of people needing to get out of the house. Then one of the questions asked if an ESA could be taken into a grocery store and the answer was no. The thing is, hurray, I made it out of my house with my ESA. I get to the store and dang….I can’t leave the emotional safety of the car without my ESA. I know people with service dogs have screamed bloody murder about taking ESAs into businesses. They feel they undermining their ability to be out with their service animal. We can all see the physical reasons why they need their service animals. They are in a wheelchair, they use walkers or canes, what have you. For those with mental health disabilities, most often, the disability can’t be seen. Because of this invisible disability, these people are discriminated against and not allowed to take their ESA with them.
Who pays for damages caused by ESA pets?
ESA owners are always responsible for any damage that their ESA caused. You may find information in this article helpful: https://esadoctors.com/esa-fees-refunded/
Hello;
My cat is in Spain with my parents and I’m living in Canada in a “no pets” building from the Social Housing Authority.
I was checking the information from the eligibility criteria and said the following information:
“The current pet policy allows for one pet per property at certain employee rental properties (in my property are not allowed)
Registered guide or support pets are permitted at any of the properties.”
From that information, I understand that if I’m getting the ESA for my cat it will be allowed to live here with me with no problem?
Should I explain to the property manager the decision to bring my cat from Spain to live with me?
In case, I have to send an email letting him know my decision, surely he’ll ask me for the ESA letter. It will be ok sent him a really recent ESA letter?
Thanks
Canada does not have a nationwide rule regarding ESAs that is similar to Fair Housing rules in the US. However, many landlords in Canada do accept emotional support animals. Our recommendation would be that you speak to your landlord and ask them what their policy is for ESAs, and what documentation they expect to see.
i gave my landlord’s management company my doctor’s note stating the need for an ESA, in January 2020, and still they have not given me an answer. I just had a conversation with management and they are trying to give me a hard time with getting a small dog because i have 2 cats that i have had for over 10 years, and they are also ESA and the doctor gave a note regarding them. I live in a 3 bedroom duplex HUD apartment building, so there is plenty of room and I am a very clean person who keep not only my home clean, but also my pets. When individuals come to my home they don’t know i have pets unless they see them because my home do not smell. i don’t understand why they have taken so long to get back in touch with me.
How should i handle this?
Under HUD’s latest guidance, landlords must respond within 10 days of receiving a tenant’s request for accommodation. If they are rejecting your ESA request they must give you a reason, they can’t just hold you in limbo indefinitely. You may want to speak to your landlord to let them know they are obligated to respond to your request.
I would like to know what are the laws regarding constant barking of esa dog and aggressive behavior toward people. The esa dog is a small Chihuahua.
I can’t seem to find any article with related information.
If an ESA is acting aggressively towards other tenants, that could be grounds for the landlord to determine that animal poses a safety threat to others.
if my dog is a esa and someone came into my house and my dog nipped at them, can the landlord make me put him down and or kik me out??? im in michigan
Landlords are allowed to deny accommodation to an ESA if they determine the ESA poses a safety or health hazard to others.
I have three dogs in a townhome association that only allows a two pet limit.
Only one of my dogs is registered as an ESA, do they count towards the pet limit then? Do I need to have all my dogs registered as ESA’s to avoid them trying to have me get rid of a dog or fine me?
The general understanding is that ESAs do not count towards pet limits since they are legally not considered pets. However there is nothing that explicitly addresses these situations in Fair Housing guidance.
My dog went to classes to be a therapy dog. Why isn’t that enough for a landlord?
Therapy dogs are not automatically qualified as emotional support animals. Landlords have the right to demand documentation to prove a pet is an emotional support animal. That documentation comes in the form of an ESA letter from a licensed healthcare professional. You may find this page helpful: https://esadoctors.com/how-it-works/
I recently left a Florida apartment complex where the landlord charged me $400 each as a Pet Fee for both of my cats but was unaware that their ESA status should have precluded such additional fees. Am I entitled to a refund even though the lease has since been terminated and I didn’t raise the issue while the lease was in effect?
We can’t comment on what the legal outcome of your situation should be, but it wouldn’t hurt to ask your landlord. It would seem fair to get a refund for at least a portion of the fee that applied to your animal companions during the time they were qualified as ESAs.
I got an ESA letter and an ESA prior to informing my landlord. I am not sure on their pet insurance policy. I am planning on moving to another apartment in 2 months that allows pets to avoid any issues. However I currently have an ESA in the apartment. I am deciding whether to inform the management or wait til they say something as I am not aware if they have noticed my ESA. At this point is there any harm in waiting for them to notice to provide the ESA letter?
You should probably inform your landlord, especially if you are in breach of the lease agreement by having an animal and also have an ESA letter anyway. The landlord has a right to see documentation for your emotional support animal.
Can I have my ESA dog with me in the outdoor grounds of my Co-op even though they post a no pets policy? Our monthly maintenance includes the use and upkeep of the grounds. Especially with my limited outdoor access and mobility issues that have occurred during this pandemic, I’d like to be able to sit on a bench in the building’s backyard with my ESA dog, especially as I am prone to panic attacks without him nearby.
ESAs are allowed access to common areas where other tenants are also allowed to go.
I have an ESA letter I received online, from a Georgia state-licensed therapist but my property manager says I need it to be from the state I have the apartment in (CT), is this true? I can’t find anything to respond back to her with.
Your ESA letter should come from a therapist who is licensed in the state you are in when they evaluated you.
I have a ESA, n he goes everywhere w/ me.I, cannot leave my apartment w/out him.I have major depression, anxiety, panick attacks PTSD n.plus more., I read that he can be a service dog because of my PTSD, w/out training, or papers, Is this true. He goes to the doctors, grocery, pharmacy,. I have no prob.
An animal companion cannot be a service dog without training. Service dogs need specialized training that addresses the disability of its owner. On the other hand, ESAs do not require any special training. Also for clarification, ESAs do not have a legal right to be in public areas such as grocery stores or pharmacies, only service dogs do.
I live in Hawaii, & have been in Hawaii since I was 5 years old. I live in Salt Lake, Honolulu, Hawaii 96818. The building I live in, is supposedly *Pet Friendly*, & I have been in this building same apartment for 8 years now. I recently got me a puppy, he is going on 6 months old 12/31/2019 my pure bread shih-tzu was born, on the Big Island of Hawaii. I got him on March 4th, 2020, he was 1lb, 5 ounces. The pandemic caused a shut down of my mental health office to shut down so I could not get the paper that the resident manager requires to be filled out, 4 me to be able to have access to the lobby area of the building I live in, requiring me to walk thru P-1, 2, or 3, with my now 5lb. shih-tzu puppy, & I have refused to do so, b/c I have Severe PTSD, due to being beaten by a boy friend I had for only 2 months in 2001 w/a Hammer, & a machette, leaving me for dead in a ginger patch on the Big Island. The resident manager is very aware of all I have been thru as she has seen the grusome pictures of my face/head, & is aware that b/c of that beating I had to have like 20 something surgeries in Queen’s Medical Center as I was air ambulanced in critical condition from Hilo, to Honolulu, & put in the ICU unit for almost 3 months, not to mention I also had open heart surgery 8 years ago b/c I was diagnosed w/Severe Aortic Stenosis, which even thou I had open heart surgery to correct, that problem replacing my Aortic Valve, w/a mechanical one, I still suffer from extreme labored breathing everytime I go anywhere. I have been extremely harassed by 2 of our 24 hour security guards in my building, & also by the resident manager of this building. I am so upset, embarrased, himiliated, stressed out, & in constant fear when ever I have to go someplace b/c they all want, & expect me to walk thru our structured parking lots beneath, & behind the building that has so much criminality going on such as people that are freely able to walk in off the side walk entering our parking structures w/knives slashing residents tires, bustin/shattering people’s entire car window’s out w/blunt metal objects, making me walk thru that in fear, after all I have been thru, is just beyond me, even now thay I had my Psyc Doctor complete their form, having to write my disabilites in detail, & I still cannot go thru the lobby to exit the building until the building has a board meeting, & the board members are able to take a vote on my disability’s, that are written on that paper in some kind of details, to see if I qualify to have an ESA, only then can I go thru the lobby w/out being talked about, & or harassed by the resident manager, & her security guards. I just do not think that is okay, & or right? Sorry for the lengthy comment. So stressed out, & bothered, feeling picked, on & totally discriminated against, I thought it was illegal for ppl to harass someone, w/physical, & mental health disabilities?
We’re sorry to hear about all of these issues you’re having. It seems like the best course of action may be a discussion with your building’s management if you feel that the building staff have been harassing you because of your ESA. That certainly would not be appropriate.
Does HUD consider a Physical Therapist a qualified healthcare professional? They are from an online source,the company address is in one state and their license is from a different state. In the letter they are claiming to be mental health professionals . The rules are still somewhat confusing for Landlords.
Thank you
HUD doesn’t give a precise definition for who qualifies as a licensed healthcare professional, but a physical therapist is not one of the examples they give. That seems a bit unusual – ESA letters are generally from professionals who are looking after a person’s mental health.
My landlord received my esa and said it was ok but refuses to put it in writing. Can he say he never said it was ok within 10 days? Do landlords have to respond in writing and if not, how can we prove he said it was approved over the phone? He was very judgmental of my character for sending the letter after lease was approved. He didn’t care that each time I was honest, I was never approved to lease the property.
Landlords do not necessarily have to give an approval in writing, a phone approval is probably sufficient. If you have serious concerns that your landlord may try to backtrack about giving approval later, you can try asking for an email or other written confirmation.
Do we have to sign a lease addendum for ESA? I wrote an email to verify he refused to provide anything written and that he also subjected me to discrimination of character. Magically 20 minutes later he decided to send a lease addendum to be signed. It seems to state what I’ve read online for reasons to deny or to later remove ESA under certain conditions. It really doesn’t seem to shady, but just funny how he all of a sudden changed his mind about written approval. Should I sign this addendum?
We can’t advise you since we don’t know what the addendum says, but if it doesn’t violate any Fair Housing rules and is just asking for basic confirmatory information, it may be okay. We recommend reading the addendum carefully and consulting FHA rules.