Home Page › Blog › What to Do if Your Landlord Does Not Accept Your Emotional Support Animal

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:

  1. Owner-occupied buildings with no more than four units
  2. 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?

How to get an ESA letter - Infographic - ServiceDogCertifications

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:

  1. Get the specific reasons why your landlord rejected your ESA.

    If your landlord says no to your ESA, you’re entitled to know why.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

btn_header
| 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.

257 comments

← Older Comments
Newer Comments →
  1. Sandra Hewitt says: February 23, 2023

    Can a landlord not renew your lease because of your ESA animal? Because this is what’s happening and I am dealing with a very crooked property manager/ landlord. I need all information I can get on this

    Thank you

    Reply
    • SDC says: February 25, 2023

      Landlords are prohibited from discriminating against tenants due to their need for an assistance animal. If your landlord is not renewing your lease solely due to your need for an ESA, that may be considered a violation of Fair Housing rules.

      Reply
  2. Katie says: December 25, 2022

    My building has a very strict no pet policy. I have gotten a cat for my mental health. My therapist sent a letter to my building management company claiming that I would benefit from an ESA and that they are prescribing them to me. My building then rejected the letter claiming that the letter sounds like a “want” rather than a “need”. My therapist then sent a revised letter in which the building denied it again. I thought because of the no pet policy that this is why I am being denied but there is a dog in the building for a neighbor of mine. (This is in Wisconsin) does anyone know if they are legally rejecting my ESA or have any tips?

    Reply
    • SDC says: December 26, 2022

      If your ESA letter conforms to HUD’s requirements, then your landlord must reasonably accommodate your emotional support animal. That is true even if there is a no pets policy. It seems your landlord may be nitpicking, as your therapist has even revised the letter per their request.

      Reply
  3. Anna Santiago says: December 20, 2022

    I made my two pets ESA. My landlord says they are only approving one pet and that my therapist needs to provide with a document affirming I have a disability that requires me to have 2 pets. The website I got the letter from says my therapist isn’t allowed to release any personal health information at all. They need my landlord to provide a reasonable accommodation form for my therapist to sign. But my landlord says they don’t have a reasonable accommodation form and that I have to pay for my other pet. What should I go?

    Reply
    • SDC says: December 20, 2022

      No special form is needed, your therapist should be able to give you an ESA letter that covers both of your ESAs if that is what they recommended. Your landlord is entitled to see an ESA letter that addresses each of your emotional support animals.

      Reply
      • Anna Santiago says: December 20, 2022

        I did receive a letter for both pets but my landlord says that it isn’t enough information.

        Reply
        • SDC says: December 26, 2022

          If your landlord is claiming your ESA letters are deficient, they must give you their specific justifications. If your landlord is then correct that your ESA letter is missing information, you can work with your therapist or doctor to correct your ESA letter.

          Reply
  4. Brian Hanback says: December 6, 2022

    I have my emotional support animal registered and have her identification card . Will this suffice for my landlord?

    Reply
  5. Brian Hanback says: December 6, 2022

    I have my emotional support animal registered and have her identification card with her registration number on it and I was wondering if this is sufficient proof to give to my landlord? She is insisting that I provide ” a federal registry letter” ? I show my card when flying or anywhere else and it has been all I have ever had to show for her.

    Reply
← Older Comments
Newer Comments →

Leave a Reply

Latest Posts

How to Bring a Service Dog to Disneyland

How to Bring a Service Dog to Disneyland

Trained service dogs are more than welcome to join their handlers at Disneyland. In this guide, we’ll explain Disneyland’s policies and give practical advice for bringing a service dog to Disneyland for the first time.  Disneyland’s Service Dog Policies The Magic Kingdom is happy to welcome trained service dogs across most park locations! They kindly […]

Read More

Can Dogs Eat Tomatoes?

Can Dogs Eat Tomatoes?

Yes! Dogs can safely enjoy tomatoes, but there are a few risks to be aware of so you can feed your dog responsibly. Fully ripe tomatoes (without the stems and leaves) can actually have nutrients that are good for your pup. Tomatoes have chlorogenic acid, an antioxidant that can have anti-inflammatory effects in cells. They’re […]

Read More

Can a Primary Care Doctor Write an ESA Letter?

Can a Primary Care Doctor Write an ESA Letter?

Your family doctor, also called a primary care physician (PCP), can write a letter recommending an emotional support animal. We’ll explain what legally gives them that ability and explore what better options might be available for you.  Why are Physicians Able to Write an ESA Letter? To turn your pet into an emotional support animal, […]

Read More

Information at this site is provided solely for the user’s information and, while we strive to be accurate, all information is provided strictly “as is” and without warranty of any kind. It is not intended to be used as a substitute for legal counsel from a qualified attorney. ServiceDogCertifications.org, its agents, affiliates, employees or contractors will not be liable to you for any damages, direct or indirect, or lost profits arising out of your use of information provided at this site, or information provided at any other site that can be accessed from this site.