If a tenant is trying to bring home a pet in violation of your pet policies or lease agreement by claiming they’re an emotional support animal, this guide will explain how you can protect yourself and your property without breaking ESA laws.

Do I still have to accept emotional support animals after HUD’s memo from May 22, 2026?

On May 22, 2026, HUD released a memo saying it would no longer enforce previously issued ESA guidelines. However, that memo did not change any federal laws or regulations, it merely removed prior guidance interpreting those laws and regulations. That means that if you live in a state that has its own ESA laws like California, Florida or Michigan, you’re still obligated to accommodate ESA owners.

If you live in a state without ESA laws, the confusing part is knowing how exactly to accommodate ESA owners who have a disability without HUD’s previous guidelines. The safest and most conservative approach would be to continue accommodating ESA owners. HUD has stated that it will not take enforcement actions against landlords for ESA cases, but that doesn’t mean that tenants can’t sue you in private actions for violating their rights as disabled tenants.

What will likely happen in states without separate ESA laws is that courts will decide how landlords should accommodate emotional support animals on a case by case basis. That process might take a very long time and can be very costly. HUD has also promised an update to its guidelines in the future, without providing a date certain. Unfortunately, until then, the matter will not be as settled as when HUD had clear guidelines in place. 

How do I verify the tenant’s request is real?

You don’t have to allow an emotional support animal unless the tenant has valid documentation. That documentation has to come in the form of a letter that is signed and dated within at least a year by a licensed healthcare professional, such as a doctor or therapist.

Recently, there have been cases of people obtaining letters online through dubious means. Tenants have purchased ESA letters without undergoing any contact with a licensed healthcare professional. You should make sure the letter includes the healthcare professional’s license number, which you can verify on your state’s website, and their contact information as well. You can reach out to the doctor or therapist’s office to confirm that the letter was actually written for the tenant.

Take caution, however, to not ask about details regarding the tenant’s diagnosis or medical history, which is prohibited by state and federal laws.

I’m a smaller landlord, do I have to comply?

If, as an owner, you occupy a building with no more than four units, and or you rent a single-family home without the use of an agent, you are exempt from federal rules for emotional support animals.

When can I say no to an ESA?

There are circumstances where you don’t have to accept an emotional support animal. The most obvious one is when the tenant can’t provide you with supporting documentation, typically in the form of an ESA letter.

You also don’t have to accept any animal that you have proof is dangerous or unsafe. For example, if you have evidence that a tenant’s dog has bitten someone or caused substantial property damage, that can be grounds for saying no to an ESA. In these situations, it’s helpful to have supporting evidence such as photographs and written witness testimonials.

Can I charge a fee for the emotional support animal?

You can’t charge any type of fee for an emotional support animal. That includes monthly pet fees and pet deposits. You should also avoid charging application fees specifically for the animal. However, that doesn’t mean the tenant is off the hook if the ESA damages the property.

You can still charge the tenant for damages, and deduct those charges from a general security deposit. For example, if, after the tenant leaves, you find that their dog has damaged the walls and scratched the flooring, you can rightfully go after the tenant for those expenses.

What if the security deposit doesn’t cover the damages from the animals?

If the tenant’s animals have caused damage beyond what the security deposit will cover, you can pursue the tenant for costs just like you would with any other type of damage. That means sending a demand letter, a collections notice, or filing a lawsuit.

Can I evict a tenant with a dangerous ESA?

Absolutely, you can evict any emotional support animal that has demonstrated it is unsafe for other tenants. For example, if the ESA has bitten another tenant or a resident’s pet, that can be grounds for eviction.

Can I request proof of vaccination?

Yes, to ensure the presence of the emotional support animal is safe for other tenants, you can request proof of recent vaccinations.

What if the tenant’s ESA causes property damage?

If the emotional support animal causes substantial property damage, that can be grounds for eviction. For example, if the animal is tearing through walls and flooring, or breaking expensive fixtures. However, the damage has to be substantial. You can’t evict a tenant’s ESA for minor things like scratches and excessive fur.

Can my tenant have more than one ESA?

Tenants are allowed to have more than one ESA, but their documentation has to specifically cover each animal and provide a reason why each ESA is necessary for the tenant’s health. You are not required to accommodate an unreasonable number of emotional support animals. The tenant’s living space should be able to comfortably accommodate their animals without disturbing other tenants.

What do I do if an ESA causes a disturbance?

If the ESA is causing disturbances, such as barking all night, and you receive complaints from other tenants, you can act just as you would if the animal were a normal pet. You can send the tenant a notice of the disturbance and impose fines if your building policy or lease allows you to. An emotional support animal is expected to be a good citizen, like all other tenants and pets in your building.

What if my insurance won’t allow for certain animals or breeds?

This is a tricky situation that, unfortunately, has not been fully addressed by ESA laws. In the event your insurance does not allow for certain animals or breeds, you should reach out to your insurance company and see if any exemptions apply. If the insurance company will not grant an exemption and there are no alternatives, you may be able to claim that the accommodation would create an undue financial burden.

How do I avoid getting sued by a tenant?

Tenants have sued over their ESA rights, so it’s important to take steps to demonstrate you’ve complied with ESA rules. For example, you should respond to a tenant’s ESA request within 10 days as best practice. You should also keep written records, such as emails and texts, that show you were responsive to the tenant’s request.

If you rejected the ESA on the basis that the tenant’s ESA letter was ineffective, you should keep a copy of the letter. If you rejected the ESA on the basis that it is dangerous or caused substantial property damage, you should keep records such as photographs, videos, and witness testimonials.

The important thing is to work with the tenant in good faith. Courts will be more sympathetic if you’re able to show proof that you tried to accommodate the tenant and had to reject them because of legitimate concerns.

Is there a difference between ESAs, service dogs, and therapy animals? Do I have to accommodate all of them?

Yes, there is a difference between each of these types of animals. ESAs and service dogs have to be accommodated, but therapy animals do not. ESAs require a letter from a healthcare professional, while a service dog requires confirmation from the tenant that 1) the service dog is required for a disability and 2) the dog has been trained to perform a specialized task specifically relating to that disability. Tenants can also provide letters from their medical providers in support of service dogs.

What type of animals do I have to allow?

The tenant’s ESA must be a small, domesticated pet typically kept in the home, such as a dog, cat, fish, gerbil, or small bird. ESA rules prevent landlords from disallowing specific breeds. You can disallow the animal only if you can show that the tenant’s ESA has exhibited dangerous behavior. If your city has an ordinance prohibiting certain types of breeds, the tenant may still receive a citation from local animal control.

What if a neighboring tenant is allergic to the ESA?

This is, unfortunately, a tricky situation that has to be managed delicately. Minor allergies, or even the potential for an allergic reaction, are not a legally sufficient reason to deny an ESA, since Fair Housing guidelines and state law state that the animal must pose a “direct threat” to the health of other individuals. If limiting the ESA to the tenant’s home and specific common areas is enough to mitigate the potential for serious allergic reactions, the animal should be allowed. In rare situations where the allergic reaction is potentially life-threatening or has a risk of severe harm to a particularly sensitive neighboring tenant and other accommodations can’t be made, this could rise to the level of being a direct threat and serve as grounds for denial.