An ESA is a medical tool and not a pet. Under Federal Fair Housing Laws, Emotional Support Animals must have access to apartments with a no-pet policy and are exempt from pet-related fees.
Pets that provide people with comfort have unique housing rights. The law refers to these types of pets as Emotional Support Animals. Emotional Support Animals help aid with an emotional or mental disability. An ESA is a medical tool and not a pet. Under Federal Fair Housing Laws, Emotional Support Animals must have access to apartments with a no-pet policy and are exempt from pet-related fees.
If you feel like you may benefit and qualify for an ESA, you may read this article for more information.
If you are ready to qualify for an emotional support animal letter, complete the questionnaire to connect with a licensed mental health professional today.
How to Get an ESA Letter to Show my Landlord
In order to qualify for an emotional support animal, you must first have an ESA letter from a licensed mental health professional or LMHP. The ESA letter lets your landlord know that you need the emotional support animal for your disability and that you qualify under the Fair Housing Act. If you have an ESA letter from a real LMHP, your landlord cannot deny your request or charge you a pet fee and pet deposit.
In order to get your ESA letter to show your landlord, you can either connect with a licensed mental health professional in real life or connect with one online. The LMHP will determine if an emotional support animal will benefit you and provide a written document requesting your ESA to live with you.
To connect with a real licensed mental health professional online, complete the ESA Questionnaire in the “Get Started” link below.
Living with an Emotional Support Dog or Cat – A Guide to Dealing with Difficult Landlords
Although the law is on your side, telling your landlord you have an Emotional Support Animal can be stressful. We will address commonly asked questions and provide tips on how to inform your landlord you have an ESA. Although it may be uncomfortable at first, standing up for your rights is important. Not only for yourself but for other people who may need the support of an ESA.
Be confident in telling your landlord about your ESA. It is your right.
FAQ #1 – How do I tell my landlord I have an ESA? Especially if the building has a no pet policy or monthly fees/special pet deposit.
Informing your landlord you have an ESA can be more challenging than informing an airline you are traveling with an ESA. The main issue is that many landlords are unaware of ESA regulations.
The first step you should take before informing your landlord about having an ESA is to understand your rights. Landlords may attempt to bully you by requesting sensitive medical records or your medical history. This is not legal and is in violation of Fair Housing standards. You do not need to give in to this pressure. Instead, you should stand up for yourself and other ESA handlers.
From another perspective, your landlord may also simply be unaware of ESA laws. You can take this opportunity to inform them of your rights. This will allow them to better understand your request for reasonable accommodations.
Either way, it is important for you to know your legal rights clearly. You may read more about ESA housing rights by this article – Guide to Renting with an ESA.
To make your pet into an official ESA, you will need an ESA letter from a therapist. This is mandatory, without an ESA letter your pet would not be considered an ESA even if they provide you with comfort. If you are currently seeing a therapist, we recommend that you request an ESA letter from them directly. We would also be happy to pair you with a top animal therapy therapist if your therapist is unaware of ESA laws.
The second step is submitting your ESA letter via email, fax, or in person. This shows that you have the necessary documents for you to live with your emotional support animal. Emailing your letter will provide proof that you have submitted your paperwork to your landlord or homeowners association.
Get started on qualifying for an ESA letter by completing the questionnaire in the link below.
FAQ #2 – What do I do if my landlord rejects my ESA even after I show them my ESA letter?
If your landlord persists on rejecting your ESA, you will ask them to write a formal letter reflecting this rejection. You will write back to them in an email stating that you have provided all necessary documentation (which is an ESA letter from an ESA doctor or licensed mental health professional). You may write back documenting that they are rejecting a reasonable accommodation request. You can then inform them that you will be filing a complaint with the HUD for open discrimination of your disability. At this stage, your landlord will be pushed to read up on the law and see that reasonable accommodation is required to emotional support animal handlers. Be calm but ready to fight for your rights, no one should be forced out of their home or denied housing due to their disability.
Please note that we are not lawyers and this is not legal advice. This is information that our clients have found helpful and we hope this is helpful to you as well.
FAQ #3 – Can a landlord reject my ESA because it is too young or too old?
An emotional support animal cannot be denied by a landlord just because it is a puppy or kitten. Age is not a factor for an ESA.
Emotional support animals cannot be denied due to their age. Landlords that deny dogs because they are younger and are considered puppies are not following the rules set out by the Fair Housing Act. With that being said, you are responsible for the actions of your ESA. If your puppy causes damages to the building, you are liable. The key is to clearly explain to your landlord that there are no age requirements for an ESA and that you will be a responsible handler and will make sure your ESA, regardless of age, is well behaved.
FAQ #4 – My landlord is requiring me to register my ESA. Can a landlord require ESA registration if I already submitted my ESA letter?
ESA Registration? There is no such thing! Let your landlord know that ESA registries are bogus. All you need is an ESA letter.
The only type of “registration” you need is your ESA letter. ESA registration is not required by law. The Fair Housing Act only requires an ESA letter signed by a licensed mental health professional that is written on their official letterhead.
Whether or not you order an ESA Certification (separate and not to be confused with an ESA letter) is up to you. Some people will prefer to order a certificate or vest instead of arguing with their landlord. You can always make this decision, but it is also important that you are aware that their request is not mandated by Fair Housing.
FAQ #5 – Can a landlord evict me for getting an ESA?
A landlord cannot deny an ESA simply because they do not allow pets.
No, your landlord cannot evict you because they do not want you to have an ESA. This is in direct violation of Fair Housing regulations. You are required to request reasonable accommodations for your ESA before bringing them into your apartment. If you qualify for an ESA letter, you will submit it to your landlord and request reasonable accommodations for your ESA. Once they grant your request, you may bring your ESA home. You are not required to pay a pet deposit or monthly fee.
Unfortunately, not many landlords or building supers are well versed in ESA regulations. If they bully you, do not feel worried. Instead, calmly advise them of your rights and have them verify it with their team.
FAQ #6 – Can a landlord question me about my mental or emotional disability?
Landlords cannot question you about your disability. They cannot require that you provide medical information in relation to your ESA.
No, they cannot. But this does not mean they will not try. If you ever feel uncomfortable with your landlord’s questions, you may request that they email them to you. Most of the time, landlords are simply unaware of the rules surrounding emotional support animals. We recommend that you stay calm and clearly explain your rights to them. Let them know that inquiring about your disability is not allowed and recommend they seek legal advice before continuing to pressure you to disclose details regarding your disability.
FAQ #7 – When can a landlord legally reject an ESA?
There are some conditions when a landlord can reject your ESA. Emotional support animal protection is meant to protect a person with an emotional or mental disability, the law is not made to punish the landlord. This is why there are particular situations where a landlord can reject an ESA.
- First – if the animal is too large for the accommodation size. For example, a horse or a llama may be rejected from a small studio apartment.
- Second – if the building has 4 units or less and the landlord lives in one of the buildings.
- Third – it is a single-family house that was rented without a realtor and the owner owns less than 3 single family homes.
- Fourth – if the animal in the unit brings an undue financial hardship to the landlord.
- Fifth – if the animal causes damages or harm to others in the building.
What to do if your landlord continues to discriminate against your ESA
U.S. Department of Housing and Urban Development
451 7th Street, S.W. , Room 5242
Washington, D.C. 20410
Other Emotional Support Animal Rights
Besides housing access, emotional support animals are also allowed to fly with their handler on airplanes. To learn more about flying with your ESA, you may read this article.
Qualify for an emotional support animal today!
Get the Love and Support you deserve.
Links you may find helpful:
Disclaimer: We are not doctors, a medical clinic, lawyers or a law firm and we do not provide legal, medical, business or tax advice. None of our representatives are lawyers and they also do not provide legal, business or tax advice. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Our sites and services are not substitutes for the advice or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you want legal, business or tax advice.
My family and I have applied for an emotional support dog in my no pet policy neighborhood, we have gotten letters from licensed therapist and they have refused us the pet. We are currently trying again with another letter from therapist and our family physician due to landlord saying we also need that letter. Now that we have multiple letters from different doctors will they still be able to deny us this right? Other people in complex have been seen with dogs but my family and I feel they are discriminating against us.
Your ESA letter should be more than enough for you to live with your emotional support dog. Working with an organization that advocates for you can be beneficial since some landlords will try to deny tenants with legitimate ESA needs.
Can a parrot be refused as an emotional support animal in an assisted living facility where it is kept in the residents apartment only?
Parrots and other birds can be emotional support animals.
I live in a duplex but the landlord does not live on the premises. Can the ESA BE DENIED?
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.
Can you take you ESA any where? Like if I’m going out of town for a weekend to a cabin or hotel ?
Make sure you send it in a certified letter.
My apartment manager wants to contact the doctor who wrote me The esa letter. Is this allowed?
Yes, landlords can verify that your ESA letter was written by your LMHP. However, they are not permitted to inquire about details regarding your medical condition. The Department of Housing has stated that a housing provider “may not ask an applicant or tenant to provide access to medical records or medical providers or provide detailed or extensive information or documentation of a person’s physical or mental impairments.”
Mobile home parks and RV parks must allow emotional support animals, regardless of breed. You must have a legitimate ESA letter in order to qualify for an emotional support animal. You can find more information on qualifying for an emotional support dog below.
Emotional Support Dog Guide: https://esadoctors.com/emotional-support-dogs-guide/
Hi, I rented a house through a relator and there was a no pet policy. I have an emotional support dog and I was told about this law. Can I bring my dog home?
Yes, the law allows you to live with your emotional support dog.
What happens if I rented the house through a Realtor, but did not have the ESA at that time, yet obtained my ESA 14 months later into the renewal term of my lease. I did not mention my ESA to the landlord as I know his policy and did not want confrontation. I now have it. What do I do?
You can submit your ESA letter to your landlord now.
Does this apply to all states?
ESA laws apply to all states, but you must make sure that your ESA letter is from a legitimate source. Simply “registering an ESA” is not legally recognized by landlords or airlines.
I own a home and rent a room out in that home that I live in as well. My tenant has been living here for 6 months and is now giving me a letter that is not on the doctors letter head with a unclear signature. He is now claiming the dog he wants to bring an ESA. Can I deny him this request? Live in Ohio, if that makes a difference.
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. If you fall under those exceptions, you do not need to accommodate ESAs under the Fair Housing Act (although many landlords do anyway as a courtesy). An ESA letter should contain the licensed mental health professional’s contact and license information, which you can use to verify the letter. If the letter is valid, you must accommodate the ESA unless it poses a danger to others or would create an undue financial burden. The Fair Housing Act is federal law so it applies to all states.
I have a esa which is a pittbull with a letter from a lic psychologist the hoa of my apt say they cant hv his breed here and now they wont renew my lease the owner claims she is going to sell but before said i could stay even if she sold what do i do
Landlords cannot discriminate against an ESA solely because it is a certain breed. According to HUD, “Breed, size, and weight limitations may not be applied to an assistance animal.” Instead, a landlord may only determine if the specific assistance animal in question poses a direct threat to the health and safety of others.
Can I still get a ESA letter even though i don’t have pet right now.
You do not need to presently have an animal to qualify for an ESA letter. An ESA letter is for the handler and not for the animal. We recommend that you apply and qualify for an ESA Letter before adopting an ESA. This way, you will know that your future pet will qualify as an ESA and be protected for housing and air travel.
Can landlords discriminate against certain breeds (pitbulls, rottweiler)?
Emotional support animals are exempt from breed discrimination.
Can I still get a ESA letter even though i don’t have pet right now.
If my esa letter was initially for travel, do I need another one for housing or can I use the same one?
You letter should include housing information if you want to use it for housing. Some landlords will not accept ESA letters without housing information, but some will. Your therapist should be able to assist you with updating your letter.
Can landlord deny ESA if we rented house without a realtor? We found this house in the newspaper.
Single family homes that are rented without a realtor can deny emotional support animals.
I rented a single family home through a property management company, am I allowed to legally have my ESA?
The Fair Housing Act covers most housing. In very limited circumstances, the FHA exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.
Emotional support animals cannot be turned away for breed, age, or weight. We are happy to advocate for you if you have used our service to connect with a mental health professional. Please email us with your client ID number so that we can assist you further.
If I have an ESA for my current animal and they unfortunately pass away when I go to adopt another do I have to receive another ESA?
An ESA letter is for the handler, and not tied to a specific animal. An ESA letter generally will not specify the particular animal that is your ESA (i.e., its name, breed, description, etc.), although it will reference the type and number of animals the LMHP is recommending. Should you find yourself in an unfortunate situation where your ESA passes away, your existing ESA letter should still cover you when you are ready to adopt a new ESA.
No. Your apartment cannot restrict your emotional support animal due to age, breed, or size.
Yes they can. If the support animal is too big for the unit and/or poses other hazardous problems, they can refuse. It’s in the article.
The size must be reasonable and cannot cause a financial burden on the landlord. Great Danes are large dogs, but do well even in small apartments.
Doesn’t it also say that it can’t cause a landlord financial hardship? Wouldn’t their insurance cost increasing count as that?
Yes, one reason a landlord can deny accommodation to an ESA is if it results in an “undue financial burden”. The Department of Housing has stated the following with regard to insurance costs: “If a housing provider’s insurance carrier would cancel, substantially increase the costs of the insurance policy, or adversely change the policy terms because of the presence of a certain breed of dog or a certain animal, HUD will find that this imposes an undue financial and administrative burden on the housing provider.” If the landlord is claiming this exemption it must be substantiated with the insurance company directly and comparable insurance coverage must be considered.
If I am renting an apartment above a garage but there ste other rentals by the same landlord on the property can my dog be denied before I sign my lease?
There are very limited exceptions to housing covered by the Fair Housing Act.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. If your housing falls into one of those categories your landlord does not have to accommodate ESAs, although many landlords that are not obligated will do so anyway as a courtesy.
I inquired with a rental community today as it would fit my families needs; however when I informed them that my son has a service animal to help detect seizures, they told me that me and my family would not be eligible as they have a no pet policy. They instead told me there was an apartment community down the street that accepted pets and that I could go check for availability there. I understand that this is a privately owned community, but am I right in saying that they violated the rights of me and my family?
You are correct. The rental community cannot turn away emotional support animals or service animals.
I just filed to have my esa letter sent to me from an online source, but my apartments, who have a policy against Rottweilers, said I have to fill out there letters and get them all resigned. Unfortunately I don’t have a therapist anymore. Is it within there right to make me get another letter signed and if so does esadoctors sign special letters like this?
Some apartments will require another document in addition to your ESA letter. If you are approved for an ESA letter from our therapists, they can assist you with the additional document. Please make sure to click the extra document option when completing your questionnaire.
I rent in student housing currently. The place I rent from has furnished units and non-furnished units. In my lease that I signed it says no pets in the furnished units which is what I live in right now. If I get an emotional support animal can my landlord deny it because I live in a furnished unit?
Emotional support animals are exempt from no pets housing.
hi I live in a apartment complex that stated I must have a letter from a doctor and shot records. well I got the letter and the dog is only 14 weeks old its first set of shots were given to them by the owner no doctumentaation was givent to me. they also stated since my dog is a pitt bull that I would have to get rid of her because there is a no pitt bull policy. is it leagal for them to make me get rid of my dog because of her breed
Emotional support dogs cannot be restricted on the basis of breed, size or age.
I live in a duplex that i rent from a landlord. Can they deny me? I am a little bit confused about the second and third bullet points in regards to whether they can reject you or not.
You can be denied if the unit is in a building with 4 or fewer units and the landlord lives in one of the units.
I have 2 emotional support animals and I filled out a form provided by my landlord and on it I said to allow for 2 ESA, since normal pet policy there said only 1 animal per apartment. I had my doctor sign it stating that I need both animals. After 3 months I get a letter stating I can only have 1, and that my doctor approved only 1, which was not what They had written on the form. What can I do?
I am a really timid person, and both animals help me with my mental illness, so where do I go from here?
You can talk to your doctor again and let them know that your 2 animals help. If they are unwilling, we can connect you to a therapist that can assist you.
My therapist wrote me a letter to get me a bonded pair of cats, my landlord is stating that they are planning on moving into this townhouse later down the road and that they are allergic (I believe they are lying because they made up other excuses and then said yes but I had to pay a ridiculous amount, but I digress). So I have two questions: 1) does it matter how many emotional support animals I can get? And 2) is saying they are allergic and are moving in later a valid reason to deny a request??
You may have more than one emotional support animal if your therapist recommends more than one. Number 2 may not be a valid reason to deny an ESA.
My son, a Veteran of Afghanistan, rented an apartment for 2 1/2 years with an ESA. He has had a letter for the ESA from VA therapist from day one. The landlord charged him an extra $35 per month for the dog.
Is he able to request a reimbursement of those monies that he paid for the dog since he had the letter?
If a ESA animal misbehaves or is not cared for adequately, can the landlord refuse to continue allowing it in the building?
My apartment building had a dog that barked whenever it pleased, and growled threateningly at several other residents. The management company gave the resident a move-out notice, and she was yelling in the hallway that she was going to SUE SUE SUE.
All of us living here were thankful she and dog left.
Who was in the right, legally?
Emotional support animals must be well behaved and cannot cause damages. A landlord can take action if an animal harms another tenant.
We leave in a mobile home park and we own the mobile home. They say they don’t allow large dogs my husband got a emotional support letter for our dog now the landlords are going to evict us and told us we need to get an attorney.
Emotional support animals are allowed in mobile home parks and they cannot be denied due to their weight. We suggest reaching out to your local HUD office.
My neighbor has a Pitbull. He says it’s an emotional support dog. The dog is always on the balcony and is never in the apartment. We have a leash rule and he tells me he doesn’t have to be on a leash. The dog never listens to the owner ( he thinks this is funny) I am deathly afraid of dogs that I don’t know. Does he have to be on a leash?
Emotional support dogs must follow leash laws and must be under the owner’s control.
Can a landlord reject an ESA if they accept dogs but have a breed restriction and the ESA is on the restricted list?
Emotional support animals are not restricted by breed discrimination. As long as your ESA dog is well behaved and does not cause damages, your landlord should be able to accommodate you.
I have read over this article and the questions left by previous readers. Can you clarify , I live in a duplex only 2 units but the landlord does not live next to me can they deny the emotional support dog with proper documents? Each part I read said fewer than 4 units AND the landlord lived in one of the units. Thank you
You should be allowed an emotional support animal in this instance.
I have a similar question, but different living circumstances. I just signed a lease for a 4 BR house near my university with 3 other roommates off-campus (none of us are related, and none of us are the landlord). We did not find the home through a realtor (we contacted the owners directly, and I’m unsure of their ownership of other properties). Would they have the right to deny an ESA in this case? I’m still a little unclear on points 2 and 3 as well.
If your house is a single-family house that was rented by the owner without the use of an agent, then it may be exempt from the requirements of the Fair Housing Act.
I live in a building with 12 apartments but my landlord only owns one apartment. Can he deny an ESA? I am confused by the part that says “single-family house” rented without realtor as an exception. Does a single owned apartment count as a “single family house”?
Your emotional support animal should be allowed in a 12 unit apartment complex as long as you have a legitimate ESA letter from a licensed mental health professional.
I had a Emotional issue five years ago, and was granted a ESA to complement my healing process, I have since complete therapy, and am no longer under the care of a Therapist, (As my emotional issue has been taken care of). I still have the ESA though (Boarder Collie) who is only 6 years old. Can I still use/get an ESA letter for an Animal that is no longer needed for treatment of my condition.
An emotional support animal should only be obtained if you are in need of one for support.
I just moved states after my boyfriend passed away in September. I don’t have health insurance here so no therapist, but my dog has helped me so much and is what has kept me going. How do I get an ESA letter with no therapist?
If you do not have access to a therapist, ESA Doctors can connect you to a licensed therapist to assess your need for an ESA and ESA letter. To get started, please complete the questionnaire in the link below. You will receive a full refund if you do not qualify.
https://esadoctors.com/esa-questionnaire/
Emotional support animal owners have the right to live with their owners in rental units.
Unfortunately, your apartment can request a new letter every year. ESA letters are only valid one year from the date it was written.
Does a landlord have to accept any animal that someone gets a therapist letter for. Do they have to accept peacocks, chickens, rats, miniature horses, pigs, ferrets, raccoons, possums, squirrels, rabbits, boa constrictors, frogs, piranha and other animals that cannot be house trained?
Emotional support animals can be any type of animal, but there are some exceptions. Animals that are not legal to own may not qualify as an ESA. Animals that cause an undue burden on the landlord, ie. a horse in an apartment, can be rejected.
I’ve technically had an ESA for a year now and am in the process of looking for new housing. However, I just today realized that she is an ESA and will be getting a letter from my therapist in the next few days. I toured a house a few days ago and mentioned to the landlord that I have a cat and she told me the pet fee & pet rent. Now that I know my cat is going to be an official ESA, should I inform the landlord that my cat is actually an ESA before I submit an application? Or should I wait until after I’ve been accepted and then inform the landlord and ask that the pet deposit and pet rent be waived?
It is up to you to decide when to tell your landlord. We have heard that some landlords will reject a person with an ESA for other reasons when they find out about their ESA.
Does a person who is living in the unit and not on the original lease have the same rights for an emotional support animal?
If the person on the lease accepts your ESA, your landlord should accept it as well.
So guess this is really bad for landlords that have a pet policy. Any animal, even multiple animals must be allowed in a rental unit regardless of existing no-pet policies or breed restrictions. With a brief 15 minute questionnaire a tenant can qualify multiple pets, and the pets don’t have to complete ANY training or discipline classes. Sure seems their should be a few rights for the landlord that invested 100s of thousands of dollars in a property — he can’t even require a pet deposit? Since the pet has zero training it is just as likely to damage a rental unit as a non-ESA pet right?
If an emotional support animal causes any damage, a landlord can request the removal of the ESA.
What about age restrictions for ESAs? Can landlords still impose a puppy policy and require that an ESA is over 1 year of age?
Emotional support animals cannot be rejected because of age, breed, or weight.
I live in a small apartment above my landlords salon that he owns. Can he reject my ESA because of his business?
Your landlord cannot reject your ESA for this reason.
I currently have one small dog that is allowed by my landlord and I have paid for. He is not an ESA, but I would like to take on a large dog (my brother’s dog) as an ESA as I have found her to be very helpful for my depression and anxiety. She would not be allowed in my building (or most buildings) due to her breed (GSD) and size. We are willing to move in order to keep her, but most buildings only allow one dog. My question is: Could we legally have 1 dog (the small dog) as a pet and 1 as an ESA (the large dog), or would the landlord be able to tell us we have to get rid of one?
Your landlord would not be able to turn you away for your ESA’s breed, age, or weight.
Co-op accepted the esa Dog but requires the dog to be walked completely off property or be fined and repeated offenses will double the fine etc.
Can they insist on this?
Do they have to provide a designated area to walk the dog?
Your co-op must allow you to live with your ESA, but you must also follow the rules of the co-op.
Is it possible to find a non dog friendly apartment sign the lease and then submit my ESA paperwork? There are very few dog friendly apartments in Long Beach CA and right now I’m paying close to $2,000 to live in a dog friendly one. The high rent is not sustainable and causes me additional anxiety.
You are not required to provide ESA paperwork before signing a lease.
So i currently do not have an ESA letter for myself and I do not have a dog either. I wanted to get a dog in a few months, lets say August. I am currently renting a pet free place. Should I first get the letter and get it approved by the landlord or should I get both the dog and the letter. What do you suggest I do first? Also If I plan to get in August when should I apply for an ESA letter?
You can always secure your ESA letter first and send it to your landlord before getting a dog. We suggest taking the time to find a dog that will fit your personality and lifestyle. Spending time at an animal shelter will allow you to gauge a dog’s personality and behavior.
If you are planning to get a dog in August, we suggest securing your ESA letter a few weeks in advance.
How can you get the letter before the dog? I believe there needs to be a “bond” or nexus between the person and animal. How can a therapist give you a letter allowing an ESA without the person owning an animal first?
The ESA letter is to identify that an emotional support animal would be beneficial to your life. Having an ESA letter before having a dog is quite common.
My landlord allowed me to have a pet and 8 months later asked me to get rid of him…this has caused me severe depression and I already have a history if depression. Can I get an Esa letter and does my landlord have to accept my dog back?
If you qualify for an ESA and you receive an ESA letter, your landlord must accept your dog.
I have lived in a Mobile Home park with a strictly enforced no pet policy since 2003. I am requesting an ESA due to a recent health development and have a letter from my licensed mental health counselor. The mobile home co-op is requiring me to sign a blanket “litigation requirements” document accepting responsibility for all attorney fees, court costs and any other legal fees resulting from any problems arising between the community and myself. They are also requiring that my physician (not licensed mental health counselor) complete a “Disability Verification” form. Can they require both of those items as a condition of submitting an application for reasonable accommodations?
It seems that your Mobile Home Park may be overstepping their boundaries. The “Disability Verification” form is not something that we have come across. They cannot ask you about your disability or require medical information that you do not want to share.
If I have an ESA does that mean I am disabled and can’t work…do I have to be with my pet at all times?
You are not required to be with your ESA pet at all times. You also do not have to disclose your need for an ESA to anyone you do not wish to.
My landlord is not accepting my ESA letter because he thinks I got my dog an ESA in retaliation for not letting me keep it…i never knew how much it would affect me emotionally to give him up and it has caused me so much stress..what can I do next?
Your landlord cannot deny your ESA for this reason. If you qualify for an ESA, your landlord cannot question your need for the ESA.
My daughter lives in an off campus apartment with three other roommates. The apartment told her she needed to get rid of her ESA until she provided the letter from
Her Doctor. Now she is getting violation letters in which they threaten to fine her because they are saying the dog is barking all times of the day and night. My daughter stated the dog rarely barks and she said the dog sleeps through the night only wakes to use the potty. I think the apartment is using this as a tactic to get rid of the dog because of their no pet policy. The dog is a puppy. Can they fine her if a dog reasonably barks? I mean that’s what dogs do.
If you daughter feels that she is being discriminated against for having an ESA dog, she can write a letter to her manager and contact the HUD to file a complaint.
What about moving onto a college campus family housing unit? Can they deny us our ESA cat?
Emotional support animals are allowed in college housing.
My landlord is starting to give me a bunch of fake lease violations because she found out I have a second esa and she didn’t like the fact I have the first… what can I do
You can contact the HUD and file a complaint or reach out to a lawyer. As always, we do not provide legal advice.
I see they cannot discriminate on breed or weight. Does this include more than just cats and dogs, such as small animals?
Emotional support animals can include other small animals.
My husband & I have lived in a privately owned apartment building (4 apts), last year I got a dog and had her registered as an ESA as I was diagnosed with depression, anxiety & PTSD. I have the ESA letter & registration. Our lease is up the end of this month & we plan on renewing our lease, hiwever, we have not received a new lease agreement. Is it legal for the owners to deny us renewing our lease? We have contacted our landlord to request a lease renewal and have gotten no response.
We have lived in the building for 4 years. And just last year, I got the dog.
My current apartment landlord denied my request for an ESA when I obtained a letter from a professional licensed therapist. They said the letter wasn’t on professional stationary, didn’t have an original signature, and the therapist wasn’t local. Can they deny me getting an ESA because of these reasons?
It depends on the state you are residing in. Your ESA letter must be on official letterhead in order to qualify.
I am still a bit confused on when a landlord is allowed to deny an ESA. If it is a personally owned rental house or duplex, can I be denied?
If the house was rented using a real estate agent, you would be allowed to live with your ESA.
My landlord accepts my ESA but states that my dog has to follow certain rules like:
Animal is not permitted outside the unit unless its on a leash and that the owner needs to be able to contain the animal on the leash. She says that the animal may not be left alone outside. She also states that the animal has to be licensed and vaccinated. Can I be held liable to owner for any and all damages and hold the owner harmless and indemnify the owner of all damages or costs in connection with my Animal?
Every ESA handler is solely responsible for any damages caused by their emotional support animal.
I have an ESA letter due to an attack in my home in 1994. That trauma and fear of coming home to an empty home will be with me always. Why does ESA letter expire after 1 year?
The law requires a new letter every year.
Hello I rent a place which is being transferred to a landlord with a no viscous Breed policy. I already have been living here for months and am trying to take in a dog for emotional support he is a pit bull. Can they legally tell me I can’t have him since I already signed the lease? What is the deal about the single family without realtor what qualifies a “single family home”? My house is a 2 bedroom house
If your house was rented without the use of a real estate agent, your landlord has the right to refuse your ESA. A 2 bedroom house qualifies as a single family home.
Should I tell my potential landlord about my ESA before or after I move into my potential apartment. I’m afraid if i tell them before they will reject me and come up with some other excuse to as why I couldn’t lease
You can tell your landlord either before or after you sign your lease. If you believe that your landlord will discriminate against your needs, you can choose to submit your letter after the lease has been signed.
We live in a condo community and obviously they are attached with a private owner for ours. When we signed the lease, it said no pets. Both neighbors have pets and the previous tenants had pets. They live in a different city. Are they allowed to deny the ESA?
You should be allowed to live with your ESA if you have a legitimate ESA letter stating your need for an emotional support animal.
Are ESA dogs restricted to weight limits? My dog is 45 pounds and I have an ESA letter but the apartment I already paid a deposit for has a 25 pound weight limit.
Emotional support animals are not restricted by weight limits.
My family is applying to live in a manufactured home park that is known to be really strict about not letting people with pets in; however, it’s the cheapest in town and all we can afford. Would it be legal/better to move in with our dog and provide documentation when asked? We are worried if we give the documentation when applying, we won’t be accepted.
You may submit your documentation after moving in if you are afraid of being denied for discrimination.
I have a dog that I did not tell my landlord about. He is 6.5 pounds. I received an ESA letter from my therapist and would like to make him my animal. He barks at other dogs (only in passing), which has been disturbing some tenants. Could this be a reason to deny my dog in the unit?
You must be in control of your ESA at all times.
I recently got a 9 week old German shepherd dog and I have my letter but I didn’t tell the manager of the apartments I was getting one.. When I show it to them can they deny me because I didn’t tell them or because he’s a GSD? The complex isn’t pet free but there are strict breed restrictions. I’m afaid that they will deny him but they cant right?
Emotional support animals cannot be excluded because of breed, weight, or age.
Hello. If I live in a building and it is my apartment not renting, but they have a one pet policy and I have two ESA’s, can they deny the entry of on of them?
You may live with both emotional support animals if you are eligible for more than one ESA.
My apartment complex allows 1 dog or cat less than 20 lbs. I have 2 small Emotional Support dogs, less than 5 lbs each. They are registered as ESAs and have a physicians note. The office manager is trying to reject my request for reasonable accommodation. Do I have a right to have both of my ESAs? Also, I plan on moving at the end of my lease’s term. 3 months from now. I just want approval to have both until then
A person is allowed more than one emotional support animal if: A) therapist recommends it and B) if it is a reasonable request.
My apartment complex is iffy about animals, and i already have a roommate that registered her dog as an emotional support animal in order for us to move there, but now i feel as if i need one as well. Is one apartment allowed to have two ESA’s? While still bypassing all the fees and troubles?
Yes, you can have more than one emotional support animal in an apartment.
Can a landlord discriminate against the age of my ESP?!?
No, emotional support animals cannot be denied due to age, breed, or weight.
can the landlord require that the emotional support animal be spayed or neutered? I am considering moving to an apartment complex that is for low income housing and has a no pet policy. I have a qualifying mental condition and want to bring my dog. He is about 6 years old and is an 90 pound Newfoundland mix. He is not neutered but he has the most easy going sweet people loving personality and is a house dog by my side all the time. He is calm and chill all the time. I just worry that they might require him to be neutered and I don’t know if I want to do that to him as old as he is now.
Your landlord should not be able to require that your animal is spayed or neutered. Please look into your local laws first.
our lease is up but have still been renting month to month. I just recently presented our landlords with my ESA letter and have found a dog to adopt. They told us they can not allow it. I know my rights, but they don’t seem to think the law applies to them. I have filled out a complaint with the HUD. We do not (and can’t afford) to take this to court. Now we’re worried they might come up with another excuse to kick us out.
You may want to contact an attorney to assist you.
My daughter is in college in an off campus apartment with 4 roomates. The roomates have stolen from her room. We had to pay $100 to the bldg maintenance to put a lock on her bedroom door. They would not let us change the lock ourself. The girls have caused my daughter so much stress she started to get panic attacks. Our family doctor/therapist felt the need for her to have her cat as a support animal. He wrote an ESA letter. Can the cat be denied if a roommate says she has cat allergies? These girls are so unbelievaly rude and mean it’s horrible. She only has 3 months left there under the lease.
I have been battling with the people I lease from to have an emotional support dog for almost two months. I have a letter from my doctor stating I need one and I gave them to that in January and they straight up told me no. After fighting with them about it they had paperwork sent to my doctor for him to fill out and return to them about my disability. And even after reviewing that paperwork they denied us again. They keep wanting me to provide extensive medical records and I told them that was illegal. What should I do next? Do you think it’s okay to bring a dog home during this, because I am really struggling?
You can contact an ESA lawyer or file a complaint with the HUD. You can find a link to the HUD in the article above.
Do you think it would be okay to bring a dog home now?
I have two cats that have ESA letters from my therapist, and I am in the process of putting a purchase offer on a condo that doesn’t allow pets. Does this information apply to condo associations? Should I inform them of my cats before or after applying to and getting accepted by the association? I’d like to go about it the right way and let them know upfront, but I’m worried they may come up with some excuse to reject me and bar me from purchasing my first home.
Condo associations must allow emotional support animals. If you feel that you will be discriminated against for having an ESA, you can submit your ESA letter after you are accepted.
I’ve just gone to my landlord with my ESA letter for my dog. He told me that before he will allow my dog, I must first have a letter from a veterinarian stating that all shots are current. That it is not a violent dog and has no history of biting. He requires this for all dogs. Can the landlord do this or require this
Yes, some airlines are requiring this information too.
Hi, I live in a 5 bedroom house with 4 house mates. The land lord has a lease per room but the house is classified by the county as a single family dwelling. If i understand correctly, because of the single family house classification, ESA’s can be denied? Thanks
Your landlord can deny your request if this is your landlord’s only rental home and he/she rented it out without a real estate agent.
If the rental property allows pets, but not your specific dog breed (German Shepherd) would an ESA letter waive the breed restriction as well?
Emotional support animals cannot be denied based on breed, age, or weight.
I am looking for an apartment and went to one today and they asked if I had any animals and I have a pup that’s about ten weeks that’s a registered ESA and they denied me due to him not being over two years old, is there anything I can do?
Emotional support animals cannot be denied due to age, breed, or weight.
Does an ESA letter exempt my dogs from breed restrictions and number of dogs restrictions from an HOA on a home I purchase with a realtor?
Emotional support dogs are exempt from breed, age, and weight restrictions.
I feel I would greatly benefit from an ESA due to a handful of emotional and mental disabilities I’ve had since early childhood. However, I’ve no access to a doctor that takes Medicaid, and even if I did, I worry that my landlord would reject my ESA, despite the letter. My landlord in particular has a particular… distaste for animals, you could say. I worry that even if he accepted my ESA, he’d just go and turn around and kick us out of the home out of nowhere a few days or so later, saying he suddenly decided he wanted to stop renting the home to us, claiming it had no relation to the ESA. Would anything protect us in this case? It’s basically the only thing keeping us from getting an ESA I feel would genuinely help me…
If you feel that you are being discriminated against for having an emotional support animal, you can contact an ESA lawyer and/or file a complaint with the HUD. Link to the HUD is in the article above.
I am about to have my therapist make my dog a esa. Most houses don’t allow pets. Can they refuse or do I have to look for an apartment or something.
It depends on the house you are renting. If the house is being rented by the owner without a real estate agent, they may be able to deny your request.
I just had a question about ESA’s. My doctor recommended that I get one and gave me the documented proof I needed for my landlord. My physician told me that a dog would best help my panic attack disorder because it can perform tasks other animals can’t. I went to talk to my landlord and he told me that he wont accept me getting a dog. He said he will only accept a cat, but I am allergic. He told me that if I was allergic I could take allergy medicine and that was considered a “reasonable accommodation” and will take me to court if he needs to. I’m unsure of what to do next, because he threatened to end my lease over this.
Your landlord cannot dictate the species of your emotional support animal if the request is reasonable. A dog would be considered reasonable. You can contact an ESA lawyer if you are having issues with your landlord.
Hi I need help I have an ess letter stating I can have 1 or more dogs I purposely had this done because I now have 2 esa dogs. My land lord is now threatening me with eviction and says there’s more than a letter that is needed. That the need to “interview my dog”. And they will make a decision. I don’t know how else to tell them this is illegal and they are discriminating me against my disability. What can I do?
You can reach out to an ESA lawyer and file a complaint with the HUD.
Can a landlord deny an ESA dog for being “too loud” for downstairs neighbors? We have sensitive floors and can hear the downstairs neighbors talking with no problem. We got a 5 day eviction notice to get rid of our dog due to this. I now have an ESA letter for my sons autism. Can they deny letting him back in?
Your landlord must provide reasonable accommodations for you and your ESA.
I plan on getting my pit bull registered as an emotional support dog due to my depression and my cousin is planning on doing the same. We also plan on moving into a apartment in the next couple of years. any tips on what to expect?
Registering your animal will not make it an emotional support animal. You need an ESA letter from a licensed mental health professional. You can read more on “registering an ESA” here: https://esadoctors.com/legitimate-emotional-support-animal-registration/
Can a landlord limit the number of esa’s in one apartment? Im trying to get a new place and they tell me that i can only have one esa dog but i cant just get rid of my other esa dog.
A person can have more than one emotional support animal if it does not cause undue financial burden on the landlord.
I live in a building with a no pets aloud policy and I have a history of depression would this quailify me to get 2 esa cats? even though it is a previous issue.
Yes, you can still qualify for an ESA cat. Complete the questionnaire in the link below.
https://esadoctors.com/esa-questionnaire/
I love in low in come hud housing for disabilities in a single family home homeward bound of Marin sub leases to me can they deny me if they are a non profit agency that works with the landlord they say the Obey housing fair act can they still deny me at any point if they landlord says no ? I submitted my essay letter they say I still need approval and the landlord is required to inactive phase what is this ?
Low income housing must also allow emotional support animals for residents with valid ESA letters.
I have a letter from a therapist for an ESA dog but I haven’t found the right dog yet. I own a mobile home in a MH park. The manager says I need to also have a certificate/registration in order to be approved. How do I get a certificate/registration if I don’t actually have the dog yet?
You are not required to register or certify an ESA. Your manager is misinformed. Some people choose to register their ESA in order to comply with their landlord’s request, but this is not required by law. If you would like to register your ESA, you can do it here: https://www.servicedogcertifications.org/emotional-support-animal-id/
My pit bull is my ESA and I am still having a hard time finding places that will rent to me. Despite her being my ESA just because of the fact that her breed (is considered an “aggressive” breed). How does that work??
Emotional support dogs are exempt from breed, age, and weight restrictions.
I wouldn’t say anything about the dog until after you have signed the lease
Another question from the landlords stand point. What if a prospective tenant has and ESA certificate of Registration for an animal, but they do not have an ESA letter. Can the pet be denied or can the landlord require the standard pet fee/deposit that any pet would be charged? Thank you.
ESA registration is not recognized by the law. A person must have an ESA letter to qualify for an emotional support animal.
If I rent a 2 bedroom apartment from a property management company, can they deny my ESA?
Your property management company cannot deny your ESA if you have a legitimate ESA letter.
We sold our house and need to move into a rental house until we figure out where we want to buy. I have 2 dogs that I am going to have to register as ESA. I did not need to before but now we need to rent for awhile. Many advertisements for rental houses from Realtors state no pets. Do I have to inform them prior to signing the lease that I have 2 ESA dogs? Rental houses are hard to get in my area and I am worried if I tell them before signing the lease that I have no chance of getting the house. Can I sign the lease then tell them about the dogs? I also understand here in CA that it is illegal to post a no pet allowed on a listing. Thank You
Registering your dogs will not qualify them as emotional support animals. You must get an ESA letter in order to qualify. It is up to you whether you want to disclose your ESA before or after signing a lease.
So my dog (husky mix) ran out and chased a stray cat, now my manager said the dog has to go since he’s not on the lease, I have a pet deposit, i submitted my ESA letter and they gave me a notice for seven days to get rid of him. What can I do .. my dog is not aggressive to tenants nor their pets, he doesn’t bark. He just chased a stray cat and they say he’s at risk. Land lords know about the strays problems and I’ve contact local authorities as well but they don’t do anything. To clarify when he chased the stray it was in a playful demeanor not an intent to harm.
Emotional support dog owners do not have to submit pet deposits. If your dog is not harming anyone or destroying property, your landlord should not be able to force you to give it up.
Have 2 ESAs. Have a letter from my Dr.saying because of my severe depression, anxiety and other mental disorders that I need my dogs.
Today a lady at apartment interview said I needed a separate letter for each dog stating what each dog did for me ….NOT legal correct ?
If your current ESA letter states that you need 2 emotional support animals, you shouldn’t need 2 separate letters.
My ESA letter was questioned by my landlord when talking to my psychiatrist over the phone then denied after he verified the letter. Can that be determined as discrimination? Because now we need to move and was told we are free/happy to leave by the manager on site. What should I do?
You can file a complaint with HUD or contact an ESA lawyer.
i have a cat and my landlord is telling me that I can not use the online ESA letter, i have to physically go to a doctor (which i do not have) and get the papers that she had printed out signed and hand back to her. I checked my lease agreement too and there is not ANYTHING on the lease pertaining to a pet policy at all.
Any advice?
It seems your landlord is overstepping his/her bounds and cannot require you to physically go to a doctor. As a note, if you qualify for an ESA letter from a licensed medical professional working with ESA Doctors, there will no mention of ESA Doctors on the letter.
Hi, I am currently looking for a place to rent. A lot of places don’t accept pets. My dog has been registered as an ESA and I’m afraid to tell potential rentals that I have an ESA. How do i go about telling them i have an ESA without them discriminating against me? I don’t want to lie. Do you have suggestions?
ESA registration is not accepted by landlords or airlines. You need a legitimate ESA letter from a licensed mental health professional.
We are looking for a place to rent. It’s hard to find rentals that accept pets. I have an ESA letter from my doctor already but am wondering how to go about telling a potential rental that I have a pet? I don’t want to lie but I know they aren’t going to accept my application once they know I have a pet. What do I do?
You are well within your rights to provide your ESA letter after you have completed your leasing paperwork if you feel that you will be discriminated against.
If your credit is perfect and there isnt any other reason to be denied leasing I would inform. If my credit wasnt worthy enough I would believe that they would deny me if I informed them of my ESA before signing. Then claim my credit wasnt good enough! Just my opinion.
Hi! I was curious if when I use your program do you put me in contact with a provider in my state. Or do we do this all over the telehealth internet style?
You will be connected with a provider online. Your provider will most likely be in your state or licensed to practice in your state.
The location I am considering renting from confirmed that they will waive the fee for service animals, but that they still have a 50 lb limit. Is this legal and if not, what laws do I need to reference?
Emotional support animals cannot be discriminated against based on weight.
Hi i just moved here where im living and they have a no pet policy i did get my esa letter yesterday from my doctor and now i can bring my puppy, the landlord wasnt happy at all so he told me there’s still rules i need to follow, first if someone complains about he making noise im gone, and second i can’t take him outside to pee or poop in the property yard so i have to walk accross the street and take him there cause if they see him peeing or pooping even though i pick up after him im gone. Is that really true? What would be the difference between him doing that and other dogs that walk by with their owners and do that? Is not like he is gonna sue them for doing that
Does an ESA letter have to come from a licensed mental health professional or can my primary care physician give me one?
A primary care physician can provide an ESA letter.
I provided a prescription from my pain doctor that stated I needed the ESA due to the anxiety and depression that my chronic pain causes me. I am retired (63 yrs old) due to my chronic back pain, neck pain and rotator cuff, torn meniscus cup in my rt. knee and sciatica. I was just rewarded, after over 4 years of forms, hearings and see additional doctors, to receiving my benefits, in full, to all the benefits going back to when I started not being able to work. I have already moved into my apartment and my brother in law has been very kind and has been boarding my cat. My cat is a long tailed house cat. He is 14 yrs old. All of that causes even more depression and anxiety. Please whether I can bring my cat home and what else I need to due to bring closure to this miss. Thank you. Sincerely,
All you need is an ESA letter from a licensed health professional. To qualify online, complete the form here: https://esadoctors.com/esa-questionnaire/.
The Fair Housing Act requires landlords to allow reasonable accommodations for emotional support animals. For more information about the Fair Housing Act and emotional support animals, read here: https://esadoctors.com/fair-housing-act-emotional-support-animals/
Hello, I have just received a letter from my Doctor for my pet as an esa, the apartment I am moving to is stating that the lease does not allow esa but only service animals. Is this something that is true? Or would my esa be allowed but not exempt from pet fees?
Emotional support animals are protected under the Fair Housing Act. You can read more about the FHA and emotional support animals here: https://esadoctors.com/fair-housing-act-emotional-support-animals/.
What if their are people who live in the apartment building who have cat allergies and are deathly allergic to an emotional support cat. Is that violating their disability if they were living in the apartment building longer and moved in there because of the no pets policy
Allergies are not considered disabilities.
In my apartment contract it says no pets/animals. Can my landlord deny my ESA request?
Emotional support animals cannot be denied in apartment rental units unless there are special circumstances.
I have a question, my esa letter is from Indiana and I moved here in NC. My appartment manager is saying I need to have one for NC but my esa letter is not expired, do I need a new esa letter?
If you received your ESA letter while you were in Indiana and it is not expired, your landlord should be able to accept it. If you are in NC and need a new letter, you would need to speak with a NC licensed therapist or other health professional.
I got the ESA letter from you couple mouths ago, and i sent it to my landlord. She told me I can’t get access to the building until the ESA is approved by condo associate board. Can she deny my access with my dog before get approved by condo associate? thanks
This is a common tactic that we have seen from condo boards and home owners associations. You can request a formal denial of access if they are dragging out the process and report it to the HUD. Link to the HUD complaint section can be found below.
Housing Discrimination Complaint Online
If your new space is large enough to accommodate 2 dogs, your landlord should be willing to accept your emotional support dogs.
I live in a apartment building with 6 units and my landlord does not live in one. I have a ESA letter for my emotional support animal. Can my landlord deny or evict me?
You are allowed reasonable accommodations for you and your emotional support animal.
Will I have to get an ESA letter, or will an ESA registry be enough?
An ESA Registry is not recognized and will not be accepted by landlords or airlines. An ESA letter is the only document that is required for emotional support animals.
I have an ESA cat and recently moved into a new apartment, they said my ESA cannot be on the property until it is declawed because it is their company policy, does this policy apply to my ESA? Declawing an adult cat like mine can cause behavior changes such as aggression and failure to use the litter box. They said soft paws and trimming regularly aren’t options even though our cat doesn’t scratch anything but scratching posts.
Your apartment must provide reasonable accommodations for you and your ESA cat. Having your cat declawed may be considered unreasonable. You may want to speak to an attorney for any legal advice.
A person can have more than one ESA live with them if it is a reasonable request.
I live in a senior community and my rental is managed by a realtor and property management will the ESA Letter be accepted?
Thanks
Yes, emotional support animals are accepted in senior communities.
I have been told no by my landlord that despite my ESA letter that I cannot have my ESAs because there are two of them… Is “one pet per illness” what the law says?
You can have more than one ESA if your licensed mental health professional recommends more than one emotional support animal.
Hello I currently have to pet cats but an getting an ESA dog/service dog in training. My apartment permits only two pets. Can they tell me to get rid of one of my cats? Or no because I will only have two pets and ONE esa?
Assistance animals are not considered pets.
My husband recently got a job as a maintenance man at an apartment complex. We currently reside in one if the apartments. They said no pets were allowed so I gave up my ESA dog I have had for 8 1/2 years to a rescue. Today one of the residents here said that another lady here had service dog. I didn’t think to mention that my dog was an ESA dog so I contacted the Rescue lady right away after I read all the rights on this website. I told her that I was sure I could have him because of these rights. I was going to speak to the owner of the apartments at lunch to make him aware that my dog was a therapy dog along with my documentation. The lady from the Rescue called them first to see if it was ok and the manager confronted my husband and said that was not the agreement and I am afraid they will find a reason to fire him before I even had the opportunity to give them the documentation. What should I do?
If you feel that you are being discriminated against for having an emotional support dog, you can contact an ESA lawyer or reach out to the HUD and file a complaint.
We are a military family and live in military housing. Our daughter has a bearded dragon and it is registered as an emotional support animal as she’s had a lot of mental issues. According to the lease that was signed exotic animals are not allowed. Are we allowed to have “George” live with us? The thought of them telling us he isn’t allowed is causing us so much stress knowing how our daughter will react if she had to give him up .
I apologize if this has been answered, I have been scrolling for a while and haven’t found this asked yet. I own a condo, but the Bylaws day no pets allowed. Should my ESA still be allowed?
Emotional support animal rights overrule condo bylaws.
Yes my son has emotional. support. dog and letter stating he is for my sons severe anxiety disorder also my son is impulsive and needs the wooden enclosed fence in back yard landlord is refusing to fix dry rotten wood leaving open spaces in yard is he aloud to refuse to make the needed repairs the dog did not cause the wood to become dry rotten
A landlord must provide reasonable accommodations for an ESA.
I rent a condo from an individual couple, but am still required to follow the same rules per the community rules, which do not allow a pet to exceed 14 in and 20 lbs. I am getting an ESA for the state I am currently living in, because as much as I thought I didn’t need my dog to help me with my anxiety and depression issues, I was wrong and now need him more than ever! I’ve explained to my landlord that I am getting an ESA within the week, so my dog can come live with me. Our lease agreement doesn’t specify pets, but I know I am allowed to have them at the complex and I currently have cat. She’s concerned about her wood floor, and I completely understand that, and I’ve already offered to cover the floor with carpet as much as possible and to get his nails trimmed monthly. When she accepted my offer for the rent, I advised her that I would probably get a cat and bring my dog. She said that was fine. She then tells me today that she’s not comfortable with it and it would break the rules. I have advised her that the ESA is protected under the law. She even demanded that I pay 2x my rent as a deposit for the dog. I don’t mind doing it to ease her worry with the situation, but I know when I get an ESA she legally cannot do that, right? I am very irritated by this situation, because there are at least 3 people in my building that have ESA that are honored by the community and their landlords. How should I approach this situation with landlord without ruining my relationship with them over it?
Only you can decide how to approach your landlord to keep from souring the relationship.
Sorry but this is all bullshit. There is a difference between a service dog and an emotional support animal, and people are abusing the ESA classification, making it more difficult for those with trained service animals. As a homeowner, if I am renting out my home, I should have the right to make a decision about whether or not I want pets in my home. If I am looking to rent a home, and it says “No pets accepted” I keep looking for a home that does accept pets. If my neighborhood has breed restrictions, then that is final. Landlords should have the final say regarding ESAs. Period.
I am renting a 2 bedroom home from an owner who went through a property management buisness, there is a “no pets allowed policy” on our lease and I have 2 cats (4 & 1 years old) that I am getting ESA Letters for them cause of my anxiety and was stressing out if they can kick us out of the home after we signed the lease. They say that they do ramndom inspections inside and out of the property and I want to bring my cats home, can they legally evict us?
As long as you qualify for an emotional support animal and have your ESA letter, you should be ok to have your ESA. Make sure that you provide your ESA letter to your landlord.
If we live on the bottom floor can we be kicked out for having a heavier esa dog?
No, emotional support animals cannot be denied for being too heavy unless it causes an undue financial hardship for the landlord.
I live in duplex-like apartments, 8 little houses on one lot, private patios, and open parking spaces. Does this mean I’m safe from my landlord rejecting my letter?
It sounds like you would qualify to live with your ESA in this apartment complex.
I am moving into low income housing and my psychiatrist filled out a paper for the manager of the housing. Now the manager is saying my dog has to be fixed. Is this true? Because he is not old enough to be fixed.
Being “fixed” is not a requirement for an emotional support dog.
My landlord has accepted my ESA letter and is requesting I sign an addendum to my lease for assistance animals. In it is says that I am responsible for any damage to the unit caused by the animal “as determined in Management’s sole discretion.” However, in the addendum for regular pets, pet owners are responsible for damage but the words “at Management’s sole discretion” are not in there. To me this feels like I am being held to a stricter and more discriminatory policy than other pet owners. Am I just overthinking this?
If the landlord is revising his policy for your ESA, this may be something you could discuss with an ESA lawyer.
If the housing is a one family home but rented out by individual rooms dose it still fall into the third exemption?
If the landlord does not live in the home, you should be able to live with your ESA.
I want to make sure I understand the “When can a landlord legally reject an ESA” section.
My situation: I live in a building with exactly 4 units. My landlord does NOT live in any of the units.
Could my landlord legally reject my ESA on those grounds alone? Thanks!
My apartment complex has a “no puppies” rule. I have an ESA letter from my therapist but now my apartment complex is asking that I fill out a “reasonable accomodation” and “approval form” found on the Fair Housing website. Neither of these forms are on there and my apartment complex is not very nice about this issue. Is it normal for them to request these forms as well?
This is pretty common, but some landlords will overstep their bounds by requesting more information than needed. Remember, you do NOT have to provide private medical information or information about your disability.
Can a property management company require an ESA dog to be kenneled during the day because they are showing the house to potential tenants while we are at work?
What kind of lawyer would I get if my landlord tries to evict me?
I live in a duplex house. I have a 83lb, 9 yr old house broken pit. She is very well behaved, for she was raised with children and cats. She doesn’t randomly bark. Can my landlord deny her and What kind of lawyer would I get if my landlord tries to evict me?
If you have the correct documentation for your ESA dog, your landlord would not be able to evict you for living with you emotional support dog. You can contact a disability lawyer.
Does my ESA have to be neutered?
This is not a requirement under the Fair Housing Act.
Regarding the single-family (rented without a realtor) exemption rule – could you please clarify? My apartment complex has over 8 apartments, the landlord does not live in any one of them; however, I think the apartment is private property (owned solely by my landlord). I rented directly from my landlord without a realtor. Can my landlord legally deny my ESA?
Since the apartment complex has more than 4 units, you should be able to live with your ESA if you have the correct documents.
My condo association has an application for an ESA that provides a form to be sent to and signed by the health care provider of the person requesting the ESA. This form is to verify a need for an emotional support animal. Are they allowed to require their own form be used or must any form signed by a qualified health care professional be accepted?
Many condo associations request these documents in addition to an ESA letter from a therapist.
I have an ESA letter from my psychiatrist. My landlady is my husband’s grandmother, and we have no lease. Can she reject my ESAs and evict us? She has threatened to kick us out if we did not get rid of our cats.
I am living with my boyfriend and we live in a no pet duplex. Both of my dogs are registered with emotional support. I am not on the lease at the duplex, but that is my physical address. They are trying to make me get rid of the dogs and stating I owe a pet fee. Can they deny me even thought that is my physical address? The utilities are even in my name.
ESA Registration is NOT recognized by the law. You would need an ESA letter and they should not be able to deny your reasonable request.
My son has autism we got a ESA letter from his doctor, we live in a duplex three bedrooms the landlord does NOT live in the other side of the duplex can they deny us of a ESA?
You should be able to live with your ESA in your home.
I own a single family house and am renting it out myself (not going through a Realtor). I am considering allowing Pets (only ones that are under a certain weight and pass a “pet interview”) into my home. I intend to charge an additional REFUNDABLE deposit to cover the possible additional damage caused to my newly renovated (at great expense) property. If there is no Pet Damage, I will refund the deposit to the Tenants when they leave. This seems fair enough to me. As I am renting the single family property out myself as the owner, am I permitted to do this by law (California) ?
I live in a one bedroom apartment and no pets allowed. Can my landlord kick me out for having a ESA but not say so, they can kick me out anytime as long as they don’t say “its because of my ESA” ? cuz that way they’re not breaking any laws ,
I live in a mobile home park and currently going to court over my emotional support animal which is an 8 pound dog. My landlord allows a lady to have a cat because she has MS, but my depression and anxiety in her eyes is not. So she is taking me to court. I have a doctors letter and a thearphist letter and a lawyer helping me.
Declawing required or illegal to ask of an ESA cat??? I had a cat when I moved into a rental apartment that allows pets. It was not certified as an ESA because I moved from a private home. I paid the pet fee which was reasonable. That cat passed away and now I plan to replace it with an ESA. On my rental lease it states cats must be declawed (I did not see the lease until after I’d paid and had a U-Haul at their door. This is a 78 unit apartment building). My other cat was not declawed and I did not sign a form saying it was declawed. I did provide Vet records which naturally didn’t list it as declawed either. No one checked the cat to see if it was. My concern is would my landlord be able to force me to declaw a ESA cat? I wouldn’t do because I feel it is horribly cruel it but would like to know if ESA would be exempt from that requirement if they forced the issue.
I have a letter to get an ESA from my therapist. I live in an apartment that does no allow pets and I am worried that if I try and get my ESA that they won’t evict me per say but instead when my lease is up for the year will “chose not to renew my lease.” Does that fall under eviction meaning they aren’t allowed to do that? Or would it be legal for them to say that at the end of the year that I am not allow to renew my lease? I have never caused any trouble in my complex and I really want to stay that the complex I am at due to how close it is to my school and work. I hope that I may find some answers here before I get in too deep. Thanks!
This may be a form of discrimination. You have the right to stand up for yourself. You can file a complaint with HUD if you feel that you are being denied access due to your emotional support animal.
I live in a relatively large apartment, and my landlord has been good to me thus far. I recently started working with a couple different doctors on my mental health issues. While I don’t think my current landlord would put up too much a fuss about me having an ESA, in the future, if looking for a place to live, could the landlord, if they have a no pet policy, refuse me tenancy if I have an emotional support animal? I mean is it common practice to deny tenants who have ESA’s under the guise of something else?
Landlords cannot deny people that need emotional support animals.
Can a landlord deny an ESA if the letter for the ESA was obtained only after several notices/fines were assessed due to a restricted dog? Tenant receives notices to remove animal / fines for animal size/breed/off-leash etc. Upon final fine and notice to remove dog or leave, suddenly ESA letter is obtained. ESA letter is dated WELL after all the requests to have the animal removed. Clearly is a false ESA, as it has not been an ESA for months prior. ESA letter was only acquired when tenant was going to be evicted.
I have recently been diagnosed with anxiety and have been prescribed an Emotional Support Animal. I live in a pet-friendly apartment complex with 3 other roommates. We each have our own rooms, but share the kitchen and common area. I had mentioned the idea of getting a dog prior to move in and received no complaints. However, when I told my roommates I am now actually prescribed an ESA and serious about getting one, one of them said that I should move out because a dog would be a big change in her life that she doesn’t want to deal with. We don’t have a roommate agreement, the apartment complex is already pet-friendly, I have the proper ESA documentation from a licensed professional, and we have separate 12 month leases. Can she ask me to leave or move out for getting an ESA?
You may be legally allowed to have your ESA in your home, but it may cause tension with you and your roommate. This is most likely a personal decision.
What if we already got our ESA registered but we don’t have a ESA letter? Could our landlord still deny our ESA?
Yes! ESA registration does not qualify your animal to be an emotional support animal. You need an ESA letter in order to qualify.
Can I have 3 Emotional support animals?
They all weigh 20lbs
Yes, if your LMHP recommends it.
Can an apartment that has special accomodations specifically for adults with psychiatric disabilities restrict breeds due to issues with other tenants or other tenants being afraid of your ESA? Can they tell you to get rid of your ESA is they show agression toward another tenants ESA? One more, if you apply for an ESA after moving in and do not yet own an ESA, can they put restrictions on what kind of animal or size of animal you can have for an ESA?
My landlord said their insurance policy doesn’t allow three breeds of dogs. One of them is my dog. Is this allowed? I am also required to get Renters Insurance myself.
I have papers for my puppy and a letter from a licensed doctor for my ESA but my housing people are telling me my puppy cannot move in till he is neutered. Can they do this?
This may be a local law, but there is nothing that requires a neutered dog in the FHA.
My landlord knows I just got an ESA and have paperwork from my psychiatrist. He has raised my rent claiming at first inflation and the dog. Then changed it to, “I rent month to month and it is his perogative.” Is this legal?
You may want to reach out to a local attorney or contact HUD if you feel that the rent increase is due to your ESA.
i have just moved into a apartment the lease we sighned had no pets if we get our pug an ESA letter does it break the lease? can they kick us out
ESA dogs are not considered pets and can live with their owners in no-pet apartments.
My roommate’s ESA doesn’t bark very often, but he is a big dog and has a hugely loud bark. He barks when he thinks something might be wrong. New neighbors moved in downstairs, and they have filed several complaints about his barking. The third one said we had seven days to remedy the barking, otherwise they would terminate our lease on the apartment. I have informed them numerous times that her dog is an ESA animal. Do they have the right to terminate our lease because of the noise complaints?
Hi!
I requested verbally reasonable accomodation and was denied. Then, I requested it via email and submitted my ESA letter. They’ve not responded. Can I bring the dog home without their approval? Thanks!
What happens when a person moves into an apartment with roommates already living there and then gets an ESA after moving in? The roommates are against having animals in the apartment and specifically chose that apartment because there was a no pet policy. What options do the roommates have?
Can a landlord evict and ESA dog due to breed? Shes a terrier bull mix but meets all other requirements. Height and Weight
As long as the animal does not inflict a financial burden on the landlord and the animal does not cause damages, an ESA cannot be restricted by breed or size.
A potential landlord for an apartment is asking for certifications of registration on my esa cat. How do I get that, or do I even need one? What do I tell the landlord??
Registration for an ESA is not required. All you need is an ESA letter. The FHA only requires an ESA letter from a licensed mental health professional.
I have 1 Service Dog to support me in case I have seizures and such and I have 1 emotional support cat to help with my PTSD. I was wondering, can an apartment deny me because I have 2 (service/ESA) animals under my name?
A person is allowed to have more than one assistance animal.
My landlord rejected my ESA requested saying that I can only have one ESA per assistance function and that each ESA must have a separate and distinct service. Is this right? I do need both of my cats in order to adequately handle my anxiety and depression. The letter my doctor provided me only included my anxiety, he forgot to include the depression.
Your landlord cannot reject your ESA request based on his interpretation of the law. Emotional support animals do not have to provide a distinct service for their owner’s disabilities. If your doctor believes that your 2 cats assist with your mental disabilities, you are well within your rights to live with both cats.
I have lived in this unit for the last 9 months with a no pet policy. The complex is 4 in total and the property manager lives in a unit. His sister is the landlord and who is listed on our lease. We are looking to get a rescue and immediately register them as an ESA, because we do not have the pet yet we are trying to go about this the smartest/most respectful way. We were planning on asking our property manager since we engage with him directly and not his sister the landlord. Can you give any advice on how to go about this? Does the property manager living onsite equal the landlord in declining our rights or are we safe?
The property manager is usually not considered a landlord. You can submit your request in writing and provide documentation for your ESA from a licensed mental health professional. Reassuring your landlord that you will be respectful and that your ESA will not cause damages may be a good way to start.
Can a landlord require that my son’s emotional support dog be spayed before moving his dog into his apartment. According to lease regarding pets, we have gotten his dog the required shots, pet exam, and city licencing. My landlord had giving us a amendment paper which we have to get humane society to give certificate and date of following inoculations Rabies/Distemper/Parvo Virus, which the dog has gotten her shots, the problem now is the landlord is requiring that are dog must be spayed, is it legal for our landlord to require us to get dog spayed? Can landlord deny my son’s ESA, we have a ESA letter from my son’s mental health therapist?
This is not a requirement under the Fair Housing Act. You can always reach out to an ESA lawyer for more specific local laws pertaining to your situation.
Can my landlord deny my esa because he is “not old enough”? They allow pets in my apartment, but they say that they need to be at least 1 year old regardless if its an esa or not.
Emotional support animals cannot be denied due to age, breed, or weight.
What are the rights of the other tenants who do not need an ESA? If you rent an adjacent apartment home with an ESA owner right next door to you and they leave the dog home and it barks continuously while they are gone, or when they let their dog do it’s business in the shared landscaping (not grass) in front of each of your front doors, or let the dog out with no leash to run up to you, what as a tenant can I do for ME. I rented the apartment with a no pet policy as a feature and though I understand the need for an ESA for some individuals with an emotional disability, I don’t feel I should have to put up with this. I appreciate your feedback.
The owner of the ESA is responsible for their animal at all times. The ESA owner should pick up after their dog and not allow it to roam free without a leash.
My daughter has submitted a ESA letter to her landlord for a pup who is 4-5 months old. They said that a dog has been approved but want another letter from the doctor stating why she needs a puppy because they require the animal be over 1 year old. Can they do this? or can she just take the dog home now?
Does a doctor’s note count? Or does it have to be from a therapist?
I live in a senior apartment with my parents. They are both 55+. I was given a letter from my psychiatrist for an ESA. My mom talked to the landlord and he said I cannot have one as I am not on the lease of the apartment and I’m just an occupant. Is this legal?
If this is your primary residence, you are allowed reasonable accommodations for you and your ESA.
My landlord is trying to deny my ESA with the USAR certification and a medical note because she is a boxer pit bull mix and pit bull is on there agressive dog breed list and that’s against there insurance. She is only 11weeks old and will be going through training! Is there anything I can do??!
I heard that when a landlord (who lives in one of apartments) can furnish proof that they’re allergic to dogs, they can deny a support dog. Is this true?
A landlord cannot reject an ESA due to allergies.
My Grandmother has a esa letter and landlord is saying she has to move to another place. My grandmother doctor gave her a esa do to her mental health and seizures. He is only calling her telling her this i believe because He knows it is illegal and is trying to take advantage of her as she cant comprehend cretin things. Also the land lord dose not own the property it is town income, HE is just the manager. Do i have a case against him
You may. You can have your grandmother email the landlord (or you can help her) with the ESA letter and request reasonable accommodations. If they are still harassing her after, you can file a complaint with HUD and report the landlord.
I am looking to get a dog and have it as an ESA. I want to go through the ESA process first because my complex does not allow dogs. I talked to my landlord about it and he said an ESA letter from a therapist in a different state (I live in California) wouldn’t be accepted or they would call and confirm with the therapist that I actually do need an ESA. If I qualify for an ESA through this website and the letter is from a therapist in a different state, can the landlord discriminate even with an ESA letter?
I have anxiety and have been looking into getting an ESA for a while, I just get worried with all of the laws and housing pet restrictions.
A landlord cannot dictate who your therapist is or where your therapist lives.
ESA Doctors, can you please site the specific location within the FHA that states “An ESA is a medical tool and not a pet. Under Federal Fair Housing Laws, Emotional Support Animals must have access to apartments with a no-pet policy and are exempt from pet-related fees.”
I have yet to find any verbiage speaking to Emotional Support animals as they are not “service animals or Assistance animals”; and only that reasonable accommodations be made . Furthermore the ADA only states that :
Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.
The information provided on the web page is ambiguous and should be cited to the location within the FHA, ADA or rehabilitation act.
According to the Fair Housing Act Section 1 second paragraph:
“An assistance animal is not a pet. It is an animal that works, provides assistance, or performs
tasks for the benefit of a person with a disability, or provides emotional support that alleviates
one or more identified symptoms or effects of a person’s disability.”
My landlord made me sign a form allowing them to contact my doctor because”people get letters online” and they made me give them the doctors contact info Is this lawful?
According to HUD – “A housing provider (also) may not ask an applicant or tenant to provide access to medical records or medical providers or provide detailed or extensive information or documentation of a person’s physical or mental impairments.”
I am looking to rent in a 55+ community but I see that they all that are pet friendly have an under 25 lbs limit. Would this affect my 50 lb boxer that is my ESA?
You cannot be denied due to your emotional support dog’s weight.
So i plan on trying to get my dog to become a ESA, she was already rejected one due to them not allowing dogs over 25 lbs+ if she gets registered as a ESA would they still be able to deny her if she is over their size limit?
Emotional support dogs cannot be denied due to size.
I am moving into a new apartment community and own a dog that is registered under ESA. The dog does not specifically service me but services all the children at a private school that I teach at for kids with learning disabilities. Are there rules in place that allow me, as an ESA guardian, to be considered under the Federal Fair Housing Act?
The ESA must be for you. It sounds like you may have a therapy dog.
I live in an apartment that I have already paid my pet deposit for my cats. They are now ESA, do my apartments have to reimburse the fee or no?
Can I tell my landlord about my ESA after the lease has been signed?
We always recommend telling your landlord about your ESA as soon as you obtain a recommendation for one. Ideally, that would be prior to move in, but there are many instances where you would not receive an ESA recommendation letter until you are already in your home.
My Australian Shepherd, Border Collie mix, Faith, is 5.5 years old. She is my ESA, however, she does bark and occasionally lunges at people, while other times allows for perfect strangers to pet and love on her. It is rather arbitrary.
Aware of this, I modify our activities accordingly. I live in a small 27 unit senior apartment complex. I have been asked to muzzle my dog.
I have done so and she has been wearing one ever since. We just moved in 6 weeks ago and are not welcome here. I have been working with a certified dog behaviorist at my home for four hours and spoken to him over the phone as well for further help in getting her behavior corrected. My property manager isn’t impressed.
They want us to leave?! She has not ever bitten or harmed anyone. Can we be asked to leave due to the barking and lunging while her always being on a leash and wearing a basket muzzle?
We commend you for taking steps to correct your ESA’s behavioral issues. It is important for all ESA owners that ESAs are behaved at all times and are good ambassadors to the public on behalf of the disabled. A housing provider may reject an ESA if it determines that the ESA poses a direct threat to the health and safety of others. This determination of a “direct threat” must be based on “individualized assessment that relies on objective evidence about the specific animal’s actual conduct.” We can’t advise on what the legal outcome would be in your situation applying that standard.
I live in a unit on the side of my landlord’s home (he lives on the other side and it is blocked off). I have an ESA letter that I want to present to him, but is he allowed to reject it? If he does, is there anything I can do?
You should be aware that the Fair Housing Act covers most housing but 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.
The realtor is telling us that the letter should have been submitted the time we got the dog and not after having the dog in the home. Is this a true statement?
We always recommend that tenants submit their ESA paperwork prior to bringing the ESA into the home. There are of course exceptions, such as if the tenant is recommend an ESA sometime after they move in. Even though you have already moved in, you can still submit a request for reasonable accommodation to your landlord.
From a landlords perspective,
I rent out a 6 bedroom house with one room to myself. Am I required to accept any ESA?
I would struggle to rent out the other rooms if someone has a pet since I have tried it before and one dog would keep crying and annoyed everyone else.
The Fair Housing Act covers most housing but in very limited circumstances, the FHA exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.
I’m looking to rent an apartment and I have 2 non-esa dogs and one esa dog…3 total. But most of the places I’m looking at have a 2 dog maximum. Legally speaking would all 3 dogs be allowed because she technically isn’t a “pet”?
I have been living in an apartment with a month to month lease and no pet policy. I was given a cat after a bad car accident and I have many other issues concerning my mental health. Another tenant told him I had the cat and he made me remove my cat within 2 days or my lease would be terminated so I did. When I get the ESA letter from my psych and therapist, can I present it to my landlord and be able to bring him back? or can he deny it because I had broke the lease rules? It is to the point that I am about to look for other places so I can have him with me, because I am declining.
I live in a unit over a business that is a daycare. The owner does not occupy the building. It’s just us and the daycare. My husband has obtained an ESA letter from his PCP and we have forwarded it to our landlord. We are hoping to get him a dog to help him with his anxiety and panic attacks. Our landlord hasn’t denied our request yet but says he thinks it may be an issue due to the daycare below. He says he is checking with his insurance. Can he deny us an ESA due to the daycare business below us?
We are not clear on why the daycare business would affect the determination of whether you could have an ESA. You landlord can reject your ESA if it poses a direct threat of harm or would cause substantial property damage, or if it would create an undue financial burden for your landlord.
My mother in law has an ESA. The apartment managers have been fighting her every step of the way but eventually allowed her to have the dog. Today my sister in law who is 10 was walking her mom’s ESA and a boy around the same age came charging at them. The ESA is a min pin and is very protective. When the boy charged (ran) at them he felt like that they were in danger and nipped him. The boys parents went right to the office. The office informed my mother in law she could no longer have him there. My mother in law pleaded with them and said she would even keep him muzzled when outside of the apartment they denied her request. I understand that he did bite the child but he felt they were in danger but that is why my mother in law offered to muzzle him as they have never had a problem like that before. She has only had him there for about a month though. Are the in the right with out right denying her to keep him? Is there anything she can do? She is unable to move at the time and he has helped her so much in this past month!
Landlords can legally reject an ESA if it poses a danger to other tenants. In a situation where an ESA bites someone, that would clearly show the ESA is a threat to others and the landlord would likely have very good grounds to deny accommodation for the ESA.
When someone with an ESA applies for a rental on the application there is a box that says, ” Do you have pets?” If the home has a no pet policy does the applicant have to check yes that they do have pets because of the ESA?
We always recommend that tenants be as upfront and open as possible about their ESA.
Here’s an idea, live in a pet friendly apartment. Landlords have no pet policies for a reason. Animals have the potential to cause serious damage. Urine and pet odors are very difficult to get out. Stop forcing your needs on someone that has clearly defined the rules of living in their property. If you had made the investment, wouldn’t you like to protect it?
Not allowing the disabled to live in some apartments because they have an ESA is discrimination, and exactly the reason why we have federal laws that give protection to individuals and their ESAs. The disabled should have a fundamental right to live in any apartment that a non-disabled person could live in.
This is a joke. Everyone has anxiety(including myself, and I somehow manage without a pet) and if you have a pet obviously you want to live with it. ANYONE can get approved to have an ESA. You are exploiting a loophole that will hopefully be closed soon.
ESAs for the mentally and emotionally disabled is no joke – they can sometimes even be life savers. It is a myth that anyone can get approved for an ESA. There may be scam companies online that provide instant approvals, but they are not following laws regarding ESAs and mental health consultations. A reputable ESA letter service will match clients with licensed mental health professionals who conduct an assessment to see if the client actually qualifies for an ESA. ESA handlers are also not exploiting any “loophole”, the right to be accompanied by an ESA is entrenched in federal and state laws, as well as guidance from governmental agencies.
can HOA deny my ESA?
Your HOA must grant reasonable accommodation to valid ESAs. They can deny an ESA request if: (1) the ESA poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, or (2) the ESA would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation.
My owner has a no pet policy, especially towards dog, which is what I need. I understand that getting an ESA would overule the lease’s no-pet policy, but we have a month to month lease and I am afraid that the landlord is just not going to renew our lease. Is there anyway to prevent this?
Under federal law landlords must accommodate ESAs. Your landlord would not be able to evict you because you have a valid ESA. That being said, it seems in your situation your landlord may have the ability to end your lease for other reasons – we’re not able to advise on how to best handle this situation unfortunately.
I live in an apartment complex and they just released a new set of rules that says that they only allow service animals and my dog is an ESA. The new rules also say that because they only allow service animals then if you have a pet you must take it with you because “service animals go where you go.” How am I supposed to 100% follow this of an ESA isn’t allowed in places?
ESAs are not service animals. Service animals are subject to different rules. The right to be accompanied by an ESA in your home is protected by federal law under the Fair Housing Act. Even if your housing provider has a no-pets policy or a service animal only policy, they must accept valid ESAs.
Can the apartments insurance company say no to a Pitbull ESA if they have a policy saying no pitbulls? My cousin is moving into an apartment that lets animals but the landlords insurance won’t let pitbulls in and told the landlord it doesn’t matter if it’s a ESA.
Landlords cannot discriminate against an ESA because it is a certain breed. However, landlords can deny ESAs if the ESA would cause an undue financial burden. HUD has stated the following on this topic: “If a housing provider’s insurance carrier would cancel, substantially increase the costs of the insurance policy, or adversely change the policy terms because of the presence of a certain breed of dog or a certain animal, HUD will find that this imposes an undue financial and administrative burden on the housing provider. However, the investigator must substantiate the housing provider’s claim regarding the potential loss of or adverse change to the insurance
coverage, by verifying such a claim with the insurance company directly and considering whether comparable insurance, without the restriction, is available in the market. If the investigator finds evidence that an insurance provider has a policy of refusing to insure any housing that has animals, without exception for assistance animals, it may refer that information to the Department of Justice
for investigation to determine whether the insurance provider has violated federal civil rights laws prohibiting discrimination based upon disability.”
I have an ESA and my current lease is to be renewed soon. My landlord indicated that the rent for next year lease will be increased. It it illegal for the landlord to do that?
The amount of rent is generally unrelated to accommodation for ESAs. It is common for landlords to raise rents at renewal time whether you have an ESA or not. If you have proof that your landlord is raising your rent as a direct response to you having an ESA, you may have legal rights, but that is not something we’re qualified to comment on.
I have rented a town-home for 4 years, the first year lease was done by a realtor, the extensions where sent by the landlord without a realtor. Is the landlord able to decline my request for a ESA based on being a single family home rented directly through a landlord renting less then 3 property’s?
We are not qualified or permitted to give legal advice. Our view is that since you originally found your rental through a realtor, it should mean your home is covered by the FHA. We recommend however you confirm this or seek legal assistance before acting.
The place I would like to rent is listed as a multi family home / duplex. It has 2 units and the landlord does not live there, but it is rented without a realtor. Would the landlord be able to deny an ESA?
Single-family homes rented without the use of a real estate agent or advertising are exempt from the federal Fair Housing Act as long as the landlord/owner doesn’t own more than three homes at the time. Apartments of four units or less are also exempt if the owner lives in one of the units.
I’m not sure I understand your reply… I was looking for the same type question. I’ve read several replies but it is still not clear and confusing for some reason. So I live in a duplex, 2 families. Landlord owns their own single family home and doesn’t live on any rental properties. I’m not sure how many duplex properties they own, but I believe the have one more at least. So they rent 4 units and live in their own separate home apart from these 4 units. They advertise on the internet for renters, however I used to live in one of their other properties that they sold so they asked me directly without advertisement if I’d be interested in renting from them at another property. Are they exempt and can refuse renting to me if I get an ESA?
If we understand your situation correctly, it does not appear your housing situation is a owner-occupied buildings with no more than four units or a single-family house sold or rented by the owner without the use of an agent. Regardless of the technicalities under the Fair Housing Act, the best course of action is to have an open dialogue with your landlord about your ESA situation. Many tenants find their landlords are accommodating of their ESA request even if the owner may be technically exempt under the FHA.
I live in a 4 units apartment and the landlord does not live in one of the unit can he still deny my esa?
Is an landlord allowed to demand an ESA cat stay indoors at all times unless accompanied/controlled? Zero info online, would appreciate some advice. Don’t have ESA yet but landlord is saying cats ‘poses potential noise and waste problems for neighbors if left outdoors’ and they also kill birds (though this could be resolved with a cat collar bell).
The Department of Housing has stated that an ESA is allowed “in all areas of the premises where persons are normally allowed to go, unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider’s services.” This would generally include a tenant’s residence and tenant common areas of the building. If there is an area of the building open to members of the public, some sources indicate that ESAs can be excluded (but service animals must be allowed).
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Hello. I’ve had my cat for 8 years (6lbs long hair tabby; found as starving kitte) and dog for 12 years (German/husky mix; adopted from shelter). We’ve moved into an apartment for the last two years, and after having to deal with new ownership of our complex, they’ve upped their fees to an outrageous $500 non-refundable per animal. Me, having dealt with an emotional disability nearly my whole life (currently age 29 and in the past diagnosed with severe depression and anxiety, with borderline bi-polar, scuicide attempts; coupled with stalking/harassing issues 3 years ago) we found out about ESAs and managed to get a letter for our car and dog just last year. We’ve been very happy with this as it’s made coping with a new town a lot less stressful. My dog helps me feel comfortable going out and helps to get me socialized, or at least around other people, as well as helps me cope emotionally. My cat is there more for the emotional side, if I’m stressed/angry/sad/depressed she responds to my emotions and comforts me.
Sadly, however our apartment situation has inflated on rent so we are having to move to a new place. We’ve gone through the application fee, and we’ve provided a copy of our ESA letter (as we understand the ones for fair housing do not expire), as well as a copy of the documentation we had to have signed by my therapist last year our last apartment complex provided (which has the fair housing act regulation 100.201 on it’s side that the ESA and service animal falls under, and also shows it is approved for a cat and dog) in case there were any complications approving our application. They denied us within a few days without explanation. After sorting out it may have to do with not providing enough proof of income, we fixed that situation and waited another week. They did not follow up as they did or return any phone calls. So just recently we we to to the office to talk to the manager directly. After a few round-about, we finally found out they denied us because of the weight of our dog. He is 70lbs, but for a 2 bedroom 1 1/2 bathroom apartment, that seems like it is still reasonable accommodations. They also tried to disbute us saying that he wasn’t a service animal and because of that ESAs were not protected under the same rights because the service dog certification website stated “The ADA does not recognize dogs who solely provide emotional support or comfort as service animals.” While I agree he is not a service animal, we were honest and upfront of him being an ESA from the very beginning, never claiming him to be a service animal. I do believe this specific situation is a form of discrimination, especially because he’s lived inside a house his full 12 years, and has lived in an apartment without problems for 2 years. We had to continue to persue and persevere, emphasising what they were saying was not true, what he was being used for was for a disability, and we had provided documents from the very beginning. She turned around, saying that if we had a doctor’s note then it was okay, to which we had to emphasize they had the documents. She pulled out our file and looked over them. She immediately called the person who denied us and directly talk to them without issue or hitch telling them that they cannot deny him. Turns out, the person didn’t look beyond the weight limit even after being told over the phone by me the first time that he was an ESA and that falls under discrimination. They didn’t even do the proper background check, which comes across that they possibility thought they were going to score an easy $55 non-refundable application fee without doing their job properly. We still have to wait to be officially approved, to which we will be vigilant against, but I will say having those documents and staying our ground went a long way.
I do want to be sure, though, that what we went through was in fact discrimination. I saw they can deny us if the place itself isn’t accommodating, but for a trained, senior dog of 70lbs it seems a 2 bed, 1 1/2 bath apartment is plenty when his previous accommodations was a 2 bed 2 bath- not that he used the bathrooms except for bathing lol. It would be fantastic if someone follows up promptly as our situation is very time sensitive (us moving in at the end of the month).
I do have one other question I never thought of asking until recently. I saw somewhere on the emotional support animal center website that “The ESA letter you receive for Housing has no expiration date and is valid for the full term of your lease or ownership.” Because our dog is on in age, I was wondering if this also means if we get a new dog to replace ours when the time comes (hopefully not too soon from now), is this letter still good for a dog so long as it is in my ownership, or would I be required to renew my ESA letter? This would be a great thing to know for future planning, so any advice on this particular subject is welcome.
I apologise for such a long entry, but I felt it should be said and asked. Thanks for existing ESA, it’s been a very big help for me and my family. And to those out there having similar struggles, I definitely vouch to stand your ground and be there so others will also have a voice out there and we can all support one another to prevent discrimination against a very good thing!
Thank you for the nice words about us! It is very much appreciated. With regard to your situation, we’re not entirely clear on what you need advice on, but weight restrictions are prohibited in connection with ESAs. Furthermore, landlords cannot discriminate against ESAs and can only deny then under certain limited circumstances under the Fair Housing Act. ESA letters for purposes of housing do not technically expire. Should your ESA pass away (and we hope that doesn’t happen for a long time!), you could use your existing letter for a “replacement” ESA. Some landlords however will protest if the letter is very dated.
So, we might be moving in a few months but the landlord won’t let me have my cat because he’s concerned about damages? He use to rent the house to a family that had dogs and they wrecked the place. He has fixed it up, but he wants to say our cats will also cause damage. So my question is, can our landlord deny our ESA cats because of damage from previous renters?
That is not a valid reason to deny an ESA under the Fair Housing Act. The landlord must make an individualized assessment of whether the specific ESA in question would pose a threat to others or cause substantial property damage. If your ESA causes any damage to the property, you would of course be responsible for that damage.
If I emailed my letter to the property management company and received no reply, do I have to wait for verification before I get an emotional support dog? Also, I am a sublessee. Can they deny me because I’m not the original tenant? The subleasing is official and I still had to fill out an application with the landlord/property managers.
An emotional support animal must be approved by the landlord before it moves into a no-pets building. The Department of Housing has stated that landlords cannot unreasonably delay responding to a request for accommodation of an ESA. HUD does not give a specific timeline, but your landlord must get back to you promptly and not unreasonably delay the process.
Hi, great info here!
In FAQ #7 above, #3, you mention that a landlord can deny an ESA request if “it is a single-family house that was rented without a realtor and the owner owns less than 3 single family homes.”
My question is — what if the animal in question is instead is a certified “service” dog, not an Emotional Support Animal (ESA)? Does the landlord exemption you refer to cover just ESAs, or does it cover any type of service or support animals, most notably, certified service animals?
Thanks, Matt