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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:

  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.

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| 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

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  1. Robyne S Meldrum says: October 22, 2022

    I have a therapist letter for housing but my landlord still won’t accept my dog due to her breed. She is 10 years old, licensed, spayed and fully vaccinated

    Reply
    • SDC says: October 22, 2022

      Under HUD guidelines landlords cannot reject an assistance animal solely on the basis of breed.

      Reply
  2. Eveline says: October 12, 2022

    I recently moved into a residential community that welcomes pets, small or large dogs, cats etc. Upon receiving the ESA registration the property manager rejected my letter that I obtained legally from a psychiatrist written as a prescription with the registration number. I have been previously renting an apartment in Oakland, CA and this issue was never questioned. Now that I live in San Diego, Ca., I got charged for my dog despite having had a long history of mental health issues such as as anxiety and depression. I could obtain the records, but I know that I don’t have to due to the HPA agreement. I don’t want to cause problems, since I have been residing here for only 2 months, but at the same time it is completely unfair of this huge management company not to honor this registration for an emotional support animal that I do desperately need!

    Reply
    • SDC says: October 13, 2022

      If you submit a valid ESA letter to a landlord, they must reasonably accommodate your ESA unless they have a valid exemption. Note that you do not need a registration number for an emotional support animal.

      Reply
  3. Mary Lapradd says: September 28, 2022

    I’m trying to get an amotional support dog but my landlord will not let me get one, I have a letter from my doctor stating why I need one and stating that I need one.he is saying that because he said someone might be uncomfortable around dogs but there’s a dog already here he said that sense that dog was here already here that dog doesn’t count the landlord brother that owned it before him which he still owns said that I can get a dog as long as I get the letter from my doctor stating that I need a amotional support dog so I got the letter and now his brother will not let me get a amotional support dog he says no dogs allowed at all and that he can do this. I’m wandering if I have the right to fight this fight to be able to get a amotional support dog where I live

    Reply
    • SDC says: September 29, 2022

      To reject an emotional support animal, a landlord must have a valid exemption under HUD guidelines. A valid reason is not because they fear someone might be potentially uncomfortable around dogs. A valid reason would be if they for example had specific evidence the dog posed a safety or health hazard to others.

      Reply
  4. Julie Cranmer says: July 27, 2022

    I had a emotional support dog who did not bark and was well behaved and my landlord aloud animals but the people who lived in the very upstairsdid not take care of their animals and left the place a disaster and the guy above us was alway complaining about their dogs(he has a dog too) my dog died of old age 😢 💔 June 2021 and now the landlord is not going to allow new pets i ask him if i can get another dog (i need a dog for emotional support and for mobilty support)and he is on the fence about about allowing me one because we have a cat which is my boyfriends cat(his ems). Can he deny me a dog (my anxiety and depression has worsed since i lost her) i cant get another from the shelter unless he gives permission for the dog, what are my rights and what can i do?

    Reply
    • SDC says: July 27, 2022

      Sorry to hear about your loss. If you have an ESA letter, the landlord can only deny you if they have a valid exemption. For more information on ESA letters, please see this link: https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/

      Reply
    • Gail says: October 20, 2022

      Complain to HUD first right away.Send landlord copy of letter and doctor’s note and a copy of the law and pay for certified mail so he has to sign he got it so you have proof he did. It’s not that expensive.Fight for your right because it’s illegal for them not to. Google search what else you can do and also contact your nearest legal aid place for tenets rights or if you can afford an attorney get one. Try keeping your pet at a friend’s house etc in the meantime or a dog boarding place, relatives or pet hotel or motel that accepts pets. Best of luck.

      Reply
  5. Amanda says: June 16, 2022

    I live in an apartment complex. I have 2 esa cats. But my sons therapist wrote a letter for an esa dog. The complex I live in is flat out ignoring me. I sent them the letter and asked them what I needed to do. They are flat out not responding to me. I do have a paper trail from them saying they received the letter but outside of that nothing. What can I do. The cats fall under me. The small dog will fall under my son as he has autism and adhd.

    Reply
    • SDC says: June 18, 2022

      You may want to point out that under HUD guidelines, landlords are expected to respond to ESA requests promptly, which means in 10 days or less.

      Reply
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