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What to Do if Your Landlord Does Not Accept Your Emotional Support Animal
When seeking housing, it is not uncommon to find that landlords or housing providers have a “no-pets” policy. While this does, indeed, apply to the majority of renters, there are some situations where individuals are allowed to keep animals in buildings that ban pets.
The law: The Fair Housing Act allows for individuals with qualifying health conditions to have assistance animals, even where pets are not allowed. This is because assistance animals such as service dogs and emotional support animals are needed to support physical and mental health disabilities.
Emotional support animals (ESA) are used by people with psychiatric conditions such as depression, anxiety, and PTSD. Landlords have to accommodate emotional support animals as long as the tenant has a valid ESA letter from their licensed healthcare professional.
However, landlords sometimes reject a tenant’s request to live with an ESA. So what can you do if your landlord does not accept your emotional support animal?
Reasons a landlord can reject an Emotional Support Animal
The exception to the rule: Landlords do not always have to accept emotional support animals, even when the tenant has a signed ESA letter from their doctor or therapist. Fair Housing rules permit landlords to reject an emotional support animal under certain circumstances.
For example, these landlords are exempt from Fair Housing Laws:
- Owner-occupied buildings with no more than four units
- Single-family houses sold or rented by the owner without the use of an agent
These small landlords do not have to accept ESA letters. Landlords can also rely on a few other exemptions for emotional support animals. The main exemptions are if the landlord has evidence the emotional support animal would pose a direct threat to the health or safety of others.
An ESA that has caused significant property damage can also be turned away. Sometimes landlords reject emotional support animals because the tenant’s ESA letter is flawed. It’s essential that your doctor or therapist includes the correct information in their ESA letter.
If you’re looking for a healthcare provider to help with your ESA request, it can be helpful to find one with experience when it comes to ESA matters.
How Can I Get an ESA Letter Online?
What to do if my landlord says “NO” to my emotional support animal?
If your landlord says no to your emotional support animal, that should not be the end of the story. Under HUD guidelines, housing providers are expected to work with tenants to resolve any issues that may impede accommodating an ESA.
For example, if the landlord points out a valid deficiency in your ESA letter, you should work together with your healthcare provider to update your letter. If your landlord has concerns about the health or safety of your ESA, you can take steps to demonstrate your animal is properly vaccinated and trained.
Here are a few steps to follow if your landlord rejects your ESA:
- Get the specific reasons why your landlord rejected your ESA.
If your landlord says no to your ESA, you’re entitled to know why.
- Work with the landlord to address their concerns.
Once you know why your landlord is rejecting your ESA, you should work towards finding a solution together.
- Understand your Fair Housing Rights.
Ensure that your landlord is not giving you a bogus reason for rejecting your ESA. Remember, your right to have an ESA is protected by federal law.
- Get an updated ESA letter.
If your landlord points out that your ESA letter contains defects, work with your provider to fix the letter. Remember that landlords have to stick with HUD guidelines – they can’t make up their rules about ESA letters.
- Contact HUD if your rights are being violated.
If you feel your landlord violates your Fair Housing rights, you can consider filing a complaint with HUD. This step should be taken when all other options have been exhausted.
Give your landlord every reason to say “YES” to your Emotional Support Animal
Before informing your landlord about your emotional support animal, make sure you have your ducks in a row.
- You should be prepared with a signed ESA letter from a licensed healthcare professional.
- Be knowledgeable about ESA rules so you can engage with your landlord thoughtfully.
Unscrupulous landlords will try to take advantage of tenants who do not understand their legal rights when it comes to ESAs.
If you’re looking to qualify for an ESA letter, you can be connected to a licensed ESA professional at the link below.
See if you qualify for an emotional support animal.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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My landlord leased the house without an agent, so seems to be exempt from the ESA laws. But they have said that we can get an ESA, just not a cat or dog, just one that is caged or in a fish bowl. My daughter is suffering from depression and really needs an ESA that can provide comfort, not just something to watch swimming. Any suggestions?
Sorry to hear about your situation. Unfortunately not all landlords are required to accept emotional support animals. That includes owner-occupied buildings with no more than four units and single-family homes sold or rented by the owner without the use of an agent. If you can’t come to a reasonable compromise with your landlord about accepting an ESA, the only other routes would unfortunately be to move to a residence that accepts ESA letters (or pets generally).
Have a letter from doctor saying my dog is a emotional support animal my landlord is saying I didn’t follow the right protocol cause she does not want me to have my dog in my apartment. I am on a month to month lease. What should I do about this?
Our suggestion is to get clarification on why your landlord believes you did not follow protocol and then work to fix the issue. HUD expects landlords and tenants to work together to try and resolve barriers to ESA accommodation. Your landlord should explain how your ESA request was deficient to give you an opportunity to correct any mistakes.
My sister says a landlord can reject an ESA due to it breed such as pitbull.. Is this true? I live in Maryland
Landlords are not permitted to deny an ESA solely based on its breed. That is made clear in HUD’s guidelines for emotional support animals.
Does a landlord who lives in the state of Missouri and owns 3 of fewer single family rental houses have to accept an ESA?
HUD guidelines should be applicable unless the residence is an owner-occupied building with no more than four units or a single-family home sold or rented by the owner without the use of an agent.
In Calif is it true the landlord cannot charge a $250.00 pet deposit?
Emotional support animals are exempt from pet fees and pet deposits.
I live in PA and have ESA approvals from psychologists, primary care physician, and social worker for my three cats. The apartment I’m interested in moving into says that’s not valid and that I have to go through their physician and get board approval for ESA approval…Ivan they do that? To me it seems the leasing company’s physician would be biased….
No, your landlord cannot make you go through their own physician. That would be incredibly unusual and directly contradict HUD’s guidelines concerning ESA approvals.
In looking for a rental with an EsA pet. They applications pose the question do you have a dog or cat. No place to indicate a service dog. Thus my application is rejected off the bat for having a pet. There must be a easier way for rental applicants to be considered as a tenant. Thank you
In these situations you should inform the housing provider directly about your ESA situation. Landlords cannot reject an applicant solely due to their need for an emotional support animal.