Can Landlords Refuse Emotional Support Animals?
Landlords cannot categorically deny emotional support animals. Under the Fair Housing Act (FHA), housing providers must make reasonable accommodations for tenants with disabilities who require ESAs for therapeutic support. However, landlords can legally deny an ESA request when:
- The animal poses a direct threat to the health or safety of others
- Accommodating the ESA would impose an undue financial or administrative burden
- The ESA documentation is fraudulent, incomplete, or from an unlicensed provider
- The accommodation would fundamentally alter the nature of housing services
This guide will help you understand when to approve ESA requests and how to verify documentation properly without violating federal fair housing laws.
Understanding the Fair Housing Act and ESA Protections
The Fair Housing Act (FHA) is federal legislation that prohibits discrimination in housing based on disability, race, color, national origin, religion, sex, and familial status. When it comes to an emotional support animal, the FHA requires landlords to provide “reasonable accommodations” for tenants with documented mental or emotional disabilities.
How Does the FHA Protect Tenants with ESAs?
The FHA protects tenants with ESAs in several important ways:
No Pet Deposits or Fees: Landlords cannot charge pet deposits, pet rent, or additional fees for emotional support animals. ESAs are assistance animals, not pets, under federal law.
No Breed, Size, or Weight Restrictions: Standard pet policies that restrict certain breeds, sizes, or weights do not apply to emotional support animals. Each ESA request must be evaluated individually based on the specific animal’s behavior and documentation.
Access to Housing: Landlords cannot refuse to rent to someone solely because they have an ESA, provided the tenant has legitimate documentation from a licensed mental health professional.
Reasonable Accommodation Process: Tenants have the right to request an ESA accommodation at any time: before, during, or after signing a lease.
What Properties Must Comply with ESA Laws?
The Fair Housing Act applies to nearly all residential housing, including:
- Apartment complexes and condominiums
- Single-family homes rented through real estate agents or property managers
- Homeowners associations (HOAs)
- Student housing and dormitories
- Senior housing facilities
- Subsidized housing programs
Limited Exceptions: Very few properties are exempt from FHA requirements:
- Buildings with four or fewer units where the owner occupies one unit
- Single-family homes rented by the owner without using a real estate agent or advertising
- Housing owned by private clubs or religious organizations exclusively for members
If you’re unsure whether your property qualifies for an exemption, consult with a real estate attorney or fair housing specialist.
What to Do When a Tenant Presents an ESA Letter
Receiving an ESA letter from a tenant or rental applicant doesn’t mean you must automatically accept the request without review. The Fair Housing Act allows landlords to verify the legitimacy of ESA documentation and assess whether the accommodation is reasonable.
Step 1: Review the Letter for Legitimacy
A valid ESA letter must contain specific information to be considered legitimate documentation under the FHA. When reviewing an ESA letter, verify it includes:
Required Components of a Valid ESA Letter:
- Licensed Professional’s Information: The letter must be on official letterhead from a licensed mental health professional (psychiatrist, psychologist, licensed therapist, or clinical social worker)
- License Details: The provider’s license number, type, and issuing state must be clearly stated
- Patient Relationship: The letter should indicate the provider has an established professional relationship with the tenant (not a one-time consultation)
- Disability Confirmation: The letter must confirm the tenant has a mental or emotional disability as defined by the FHA
- Therapeutic Connection: The provider must explain how the ESA helps alleviate at least one symptom of the disability
- Contact Information: Valid phone number and email address for the healthcare provider
- Date and Signature: The letter should be current (typically within the last year) and personally signed
Red Flags of Fraudulent Letters:
- Generic template language with no personalization
- No specific mental health professional’s signature
- Purchased from a website without a telehealth evaluation
- Provider is unlicensed or license cannot be verified
- Letter doesn’t connect the ESA to a specific disability symptom
Step 2: Verify the Healthcare Provider’s License
After reviewing the letter’s contents, verify that the mental health professional is legitimately licensed in your state. This is one of your most important protections against fraudulent ESA documentation.
How to Verify a Mental Health Professional’s License:
- Visit Your State’s Licensing Board Website: Each state maintains online databases where you can search for licensed professionals by name and license number
- Enter the Provider’s Information: Search using the license number and name exactly as it appears on the ESA letter
- Confirm Active Status: Verify the license is current, active, and not subject to disciplinary action
- Check the License Type: Ensure the provider’s license type allows them to diagnose and treat mental health conditions
Important: You must not contact the tenant’s mental health provider directly. Doing so may violate the tenant’s privacy rights under HIPAA and could be considered disability discrimination under the FHA.
Step 3: Request Additional Documentation (If Needed)
If the initial ESA letter lacks required information or you have legitimate concerns about its validity, you may request additional documentation. However, your requests must be reasonable and directly related to verifying the accommodation needs.
What You Can Request:
- Completion of a Reasonable Accommodation Form: You may ask the tenant to have their provider complete a standardized form that confirms the ESA need (provide the form to the tenant so they can pass it along to their provider)
- Updated Letter: If the letter is more than one year old, you may request updated documentation
- Clarification: If the letter doesn’t clearly connect the ESA to a disability symptom, you may ask for additional explanation
Important Timing: Under HUD guidance, you should respond to an ESA request within 10 business days. If you need more information, communicate this to the tenant promptly and specify exactly what additional documentation you require.
How to Verify an ESA Letter Without Breaking the Law
Verification is your right as a landlord, but you must follow specific guidelines to avoid violating the Fair Housing Act. Understanding what you can and cannot do protects both you and your tenant.
What You Can Legally Verify
As a landlord, you have the right to verify:
The Professional’s License: Confirm the healthcare provider is licensed in the state where they practice and that their license is active and in good standing.
The Letter’s Authenticity: You may independently confirm the letterhead, contact information, and signature appear legitimate.
The Therapeutic Relationship: You can verify that the provider has an established professional relationship with the tenant (not just a one-time letter service).
The Connection to Disability: The letter should clearly state that the tenant has a disability and that the ESA helps alleviate symptoms, though you cannot ask for specific diagnosis details.
The Animal’s Role: The letter should explain how the specific animal provides emotional support related to the tenant’s disability.
What Questions You Cannot Ask Your Tenant
Federal law strictly prohibits landlords from asking invasive questions about a tenant’s disability or medical history. You may NOT ask:
- “What is your specific diagnosis?”
- “How severe is your disability?”
- “May I see your medical records?”
- “Have you been hospitalized for mental health treatment?”
- “What medications do you take?”
- “Have you been in therapy? For how long?”
- “How many sessions have you had with your therapist?”
- “Can you describe your symptoms?”
These questions violate the tenant’s privacy rights and could result in a Fair Housing Act complaint.
What You CAN Discuss: You may have a respectful conversation with your tenant about the verification process and explain that you want to ensure compliance with fair housing laws. Approach the conversation professionally and avoid any language that suggests you’re skeptical of their disability or need for an ESA.
When Can a Landlord Legally Deny an ESA Request?
While the Fair Housing Act requires landlords to accommodate emotional support animals in most cases, there are specific circumstances where denial is legally justified. Understanding these exceptions helps you make informed decisions while staying compliant with federal law.
Undue Financial or Administrative Burden
A landlord may deny an ESA request if accommodating the animal would impose an “undue financial and administrative burden” on the property’s operations. However, this exception has a very high bar and is difficult to establish.
What Qualifies as Undue Burden:
Insurance Cancellation or Dramatic Cost Increase: If your insurance carrier will cancel your policy, substantially increase premiums, or adversely change policy terms specifically because of a tenant’s ESA, this may constitute undue burden. However, you must:
- Provide documentation from your insurance company
- Demonstrate you’ve sought comparable coverage from other carriers
- Show that alternative coverage is unavailable or prohibitively expensive
Fundamental Cost Impact: The financial burden must be significant relative to your overall operations, not just an inconvenience or modest expense.
What Does NOT Qualify:
- General concerns about property damage or liability
- Slightly higher insurance costs
- Personal preference or discomfort with certain animals
- Previous negative experiences with other ESAs
Important Note: If your insurance company has a blanket policy excluding certain dog breeds without an exception for assistance animals, HUD may investigate the insurance company for disability discrimination. You should work with your insurance provider to find a solution rather than automatically denying the ESA request.
Direct Threat to Health or Safety
You may deny an ESA if the specific animal poses a “direct threat” to the health or safety of others or would cause substantial physical damage to property. This determination must be based on objective evidence about the individual animal’s actual behavior—not assumptions about breeds or species.
What Constitutes a Direct Threat:
Documented Aggressive Behavior: The specific ESA has a history of biting, attacking, or aggressive behavior toward people or other animals (documented by animal control, veterinary records, or court declarations).
Dangerous Dog Declaration: The animal has been officially declared dangerous by local authorities based on past incidents.
Uncontrolled Behavior: The animal demonstrates ongoing, uncontrolled behavior that threatens safety (despite the owner’s attempts at management).
What Is NOT Sufficient:
- Breed stereotypes or assumptions (“Pit bulls are aggressive”)
- Size or appearance of the animal
- Your personal fear of certain breeds
- General concerns without specific evidence
- Past experiences with different animals of the same breed
- Speculation about what might happen
Burden of Proof: You must provide objective, individualized evidence that THIS specific animal poses a threat. Breed alone is never sufficient grounds for denial under HUD guidelines.
Invalid or Fraudulent Documentation
You may deny an ESA request if the documentation provided is clearly fraudulent, incomplete, or from an unlicensed provider.
Grounds for Denial Based on Documentation:
Unlicensed Provider: The mental health professional’s license cannot be verified or is not active.
No Established Relationship: The letter comes from a provider who has no legitimate therapeutic relationship with the tenant (such as instant online letters with no evaluation).
Missing Required Information: The letter lacks essential components (no license number, no explanation of how ESA helps, no provider signature).
Fraudulent Letter: Evidence shows the letter was purchased from a website that auto-generates letters without a legitimate evaluation.
Outdated Documentation: The letter is several years old and no longer reflects the tenant’s current need.
Process for Denial: If you identify legitimate concerns with the documentation, communicate these concerns to the tenant in writing and specify what corrected or additional documentation would be acceptable. Give the tenant a reasonable opportunity to provide proper documentation before denying the request entirely.
Your Rights as a Landlord Under the Fair Housing Act
While the Fair Housing Act requires landlords to accommodate emotional support animals, you retain certain rights and protections as a property owner.
What You Cannot Do:
Landlords cannot impose breed, size, or weight restrictions on ESAs. HUD explicitly states that “breed, size, and weight limitations may not be applied to an assistance animal.” Your pet policy’s breed restrictions, including pit bulls, rottweilers, or German shepherds, do not apply to emotional support animals. Each ESA must be evaluated based on that specific animal’s documented behavior, not breed stereotypes.
Landlords cannot charge pet deposits, pet fees, or monthly pet rent for ESAs. Because ESAs are classified as assistance animals rather than pets under federal law, all pet-related fees must be waived. This includes upfront deposits, monthly rent surcharges, and any fees labeled as “ESA accommodation charges.”
What If the ESA Causes Property Damage?
You have the right to charge tenants for damage caused by their emotional support animals, just as you would for damage caused by the tenants themselves.
Your Rights Regarding ESA-Related Damage:
Document the Damage: Take photos and detailed notes of any damage attributed to the ESA. Compare this to the move-in inspection report.
Charge Reasonable Repair Costs: You may charge the tenant for the actual cost of repairing or replacing damaged items (carpet, flooring, walls, furniture, etc.).
Use Security Deposit: You can deduct documented ESA-related damage from the tenant’s security deposit at move-out, following your state’s security deposit laws.
Bill for Excess Damage: If damage exceeds the security deposit, you may bill the tenant for additional costs or pursue legal action if necessary.
Require Ongoing Maintenance: You can enforce lease terms requiring tenants to maintain sanitary conditions, such as promptly cleaning up after the ESA and preventing odors or infestations.
What You Cannot Do:
- Charge preemptive fees “in case” the ESA causes damage
- Impose stricter standards for ESA-related damage than for tenant-caused damage
- Evict the tenant solely because you’re concerned the ESA might cause damage (without actual evidence of problems)
Best Practice: Include clear language in your lease about tenant responsibility for damage caused by assistance animals. Conduct regular inspections (with proper notice) to identify any issues early.
Can You Restrict Where the ESA Goes on Property?
Generally, ESAs must be allowed in all areas where residents normally have access. This includes:
- The tenant’s rental unit
- Common areas (hallways, lobbies, elevators)
- Outdoor common areas accessible to residents
- Parking areas and walkways
Limited Restrictions: You may impose reasonable restrictions on where the ESA can go IF these restrictions apply equally to all residents. For example:
- ESAs cannot access areas where no residents are permitted (mechanical rooms, maintenance areas, rooftops)
- ESAs may be required to be leashed in common areas if this is a general building rule
- ESAs may be prohibited from amenities where animals would pose health or safety concerns (swimming pools, commercial kitchens)
What You Cannot Do:
- Ban the ESA from outdoor common areas where other tenants can bring pets
- Require the ESA to be confined to certain areas of the tenant’s unit
- Prohibit the ESA from using elevators or stairwells
- Create separate “ESA-only” spaces that segregate tenants with disabilities
Reasonable Expectations: You can expect tenants to:
- Clean up after their ESA in common areas
- Keep the ESA under control
- Prevent the ESA from disturbing other residents
- Follow basic property rules that apply to everyone (like leash requirements)
Consequences for Landlords Who Violate the Fair Housing Act
Landlords who illegally deny ESA requests face serious financial and legal consequences.
What Happens When Tenants File HUD Complaints
Tenants can file free complaints with HUD within one year of discrimination. HUD investigates and provides free legal representation if the case goes to hearing.
If HUD finds you violated the Fair Housing Act, you’ll be ordered to:
- Allow the ESA immediately
- Pay the tenant compensatory damages (emotional distress, moving costs, pain and suffering)
- Pay federal civil penalties
- Pay the tenant’s attorney fees
- Take corrective actions
How Much Will It Cost You?
Federal Civil Penalties:
- First violation: Up to $25,068
- Second violation (within 5 years): Up to $62,669
- Third violation (within 7 years): Up to $125,337
Compensatory Damages to Tenant:
- No cap on damages for emotional distress, inconvenience, and pain and suffering
- Typical range: $10,000-$50,000+
Attorney Fees:
- You pay the tenant’s legal costs if they win
- Typical range: $5,000-$15,000+
How Long Does a Landlord Have to Respond to an ESA Request?
Landlords should respond to ESA requests promptly. While HUD’s previous guidance (FHEO-2020-01, revoked September 2025) suggested 10 business days as a reasonable timeframe, landlords are still expected to process accommodation requests without unreasonable delay.
A 10-day response remains a reasonable expectation for tenants to reference when following up. If you need additional documentation or verification, communicate this to the tenant within that timeframe and specify exactly what information you require.
What Makes an ESA Letter Legally Valid?
A legally valid ESA letter must include:
Official letterhead from a licensed mental health professional (psychiatrist, psychologist, licensed therapist, or clinical social worker)
The provider’s license number, type, and issuing state
Confirmation that the provider has an established therapeutic relationship with the tenant
Statement that the tenant has a mental or emotional disability as defined by the FHA
Explanation of how the ESA helps alleviate at least one symptom of the disability
Valid contact information for the healthcare provider
Current date (typically within the last year) and personal signature
Letters missing these components, from unlicensed providers, or clearly fraudulent can be legally denied.
Can a Landlord Contact My Therapist Directly?
No. Landlords cannot contact a tenant’s mental health provider directly. Doing so may violate the tenant’s privacy rights under HIPAA and could be considered disability discrimination under the Fair Housing Act.
If you need additional verification, provide a reasonable accommodation form to your tenant. The tenant can then give the form to their provider, who will complete it and return it to the tenant. The tenant provides you with the completed form. All communication about the ESA must go through the tenant, not directly to their healthcare provider.
What Questions Can Landlords Ask About a Tenant's ESA?
Landlords can only ask two questions:
Is there a major life activity that is impacted by a disability?
How does the emotional support animal help mitigate those symptoms?
That’s it. Landlords cannot ask about:
The tenant’s specific diagnosis
The severity of their disability
Medical records or treatment history
Symptoms or medication
Number of therapy sessions
Whether they’ve been hospitalized
Any questions beyond the two permitted questions cross into illegal disability inquiries and could result in Fair Housing Act violations.
Can a Tenant Have More Than One ESA?
Yes, a tenant can have multiple emotional support animals if their mental health professional documents that each animal serves a therapeutic purpose related to their disability. The documentation must explain why multiple animals are necessary, how each animal alleviates a different symptom or provides a distinct benefit, and that the need is related to the tenant’s disability.
You may deny multiple ESAs if the documentation doesn’t explain why multiple animals are necessary, the number would constitute an undue burden (e.g., 10+ animals in a small apartment), or there’s evidence the request is not genuinely related to a disability need.
Do ESAs Need Special Training or Certification?
No. Unlike service dogs, emotional support animals are not required to have any specific training, certification, or registration. The Fair Housing Act does not require ESAs to be trained or certified.
Landlords cannot require:
Proof of training
Certification from any ESA registry or organization
Demonstrations of specific tasks or skills
Obedience training completion
However, tenants are still responsible for ensuring their ESAs behave appropriately, don’t pose threats to others, don’t cause substantial damage, and don’t create unreasonable disturbances.
Are Online ESA Letters Valid?
Yes, if they come from a legitimate telehealth evaluation with a licensed mental health professional. Telehealth has been widely used since the late 1990s and is considered a legitimate and effective method of providing mental health services. All 50 states regulate and license telehealth providers.
Valid online ESA letters result from a real telehealth evaluation (phone, video, or secure platform) with a licensed therapist who establishes a genuine therapeutic relationship and provides proper documentation meeting all FHA requirements.
However, instant letters from websites with no actual consultation, no interaction with a licensed professional, or generic “ESA registration certificates” are not valid. Landlords can verify any ESA letter—online or in-person—by checking the provider’s license and confirming the letter meets FHA requirements.
Can Animals Other Than Dogs and Cats Be ESAs?
Yes. The Fair Housing Act does not limit emotional support animals to dogs and cats. HUD explicitly states: “While dogs are the most common type of assistance animal, other animals can also be assistance animals.”
Commonly approved ESAs include dogs, cats, rabbits, birds, guinea pigs, hamsters, miniature horses, and ferrets.
However, landlords can deny animals that are not traditionally kept in residential housing (wild animals, farm animals), pose inherent safety risks (venomous snakes, large reptiles), would require special facilities inconsistent with residential housing, or are prohibited by state or local laws.
When evaluating unusual ESA requests, apply the same criteria: Is there legitimate documentation from a licensed professional? Does the animal provide therapeutic benefit? Does it pose a direct threat or cause undue burden?
What Happens If My Landlord Denies My ESA?
If your landlord denies your legitimate ESA request, you can file a free complaint with HUD within one year of the discrimination. HUD investigates at no cost and provides legal representation if your case goes to hearing.
You can file online at hud.gov/fairhousing, by phone at 1-800-669-9777, or by mail to your nearest HUD office.
If HUD finds discrimination, your landlord can be ordered to allow your ESA immediately, pay you compensatory damages, pay federal civil penalties up to $25,068 (first violation), pay your attorney fees, and take corrective actions.
You can also file a lawsuit in federal court within 2 years, which may result in unlimited compensatory damages, punitive damages, and attorney fees. Contact CertaPet support at +1 877-207-0561 if you need help navigating a denial.
Can a Landlord Deny an ESA for Insurance Reasons?
Only in very limited circumstances. If your insurance carrier will cancel your policy or dramatically increase premiums specifically because of a tenant’s ESA, this may constitute undue burden—but you must first:
Provide documentation from your insurance company with specific cost details
Demonstrate you’ve sought comparable coverage from other carriers
Show that alternative coverage is unavailable or prohibitively expensive
Simply having higher insurance costs or personal concerns about liability does not qualify as undue burden. If your insurance company has a blanket policy excluding assistance animals without individualized assessment, HUD may investigate the insurance company for disability discrimination.
Work proactively with your insurance provider to ensure your policy includes coverage for assistance animals to avoid conflicts with fair housing law.
What Are the Penalties for Illegally Denying an ESA?
Landlords who illegally deny ESA requests face serious financial consequences:
Federal civil penalties:
First violation: Up to $25,068
Second violation (within 5 years): Up to $62,669
Third violation (within 7 years): Up to $125,337
Compensatory damages: No cap on damages for emotional distress, inconvenience, and pain and suffering (typical range: $10,000-$50,000+)
Attorney fees: You pay the tenant’s legal costs if they win (typical range: $5,000-$15,000+)
Real example: A landlord who denies an ESA based solely on breed restrictions could face $25,000 in federal penalties + $30,000 in compensatory damages + $10,000 in attorney fees = $65,000+ total, plus a court order to allow the ESA.
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