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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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Yes have ESA dog small one spayed register got all her shots, register state we live in still with out or dog, landlord gave us just enough time to say I see it , my ESA dog you are OUT. Other pets. On residents with out no sign of any of shots registration , But we have all that is required and still no .They close a blind eye on other pets not right surely not fair !?
I was denied by the HOA in my move in day. Ended up stranded with a rental truck full of all my belongings. I told them I have paperwork signed by a healthcare professionals and they did ended up hanging up on me and telling me that they will send me my denial package soon.
Some people don’t like dogs and they choose to live in a rental community with a no pets policy. I have mental illness – my ADHD makes me freak out over loud sounds like dogs barking – it may not bother most people, but there are people who will go to bed crying each night after hearing barking dogs all day. Nobody cares about us, though. I guess I should get an emotional support tarantula so the government will protect me? I am not being negative towards people with mental illness or disabilities because I get it, I know what it is like, but while the dog may help you, it makes other people worse. My anxiety has been through the roof all day since someone moved in with 3 emotional support dogs that barked non-stop all day long. I had to leave my apartment because I was going to lose it. I am so upset because this is one of the ONLY apartment communities that doesn’t allow dogs, but now someone decided they don’t care, they are going to rent here anyway with their 3 dogs. I can’t contact HUD because they only protect or care about mental illness if it involves a dog. I guess if you have an emotional support dog, it trumps everyone else’s mental illness that is worsened by barking dogs.
Emotional support animals have to follow the same rules as “pets” in that the owner has to control their animals. An emotional support animal doesn’t get a pass to bark 24/7, poop outside in unspecified areas or destroy the apartment. I have PTSD and the same issues you have. I love dogs, but loud noises will have me in a fetal position. My upstairs neighbor has an emotional support dog that is quiet, but she lets him potty in the courtyard (lease violation), doesn’t keep him on a leash, doesn’t have him vaccinated or neutered. My landlord is a bitch. I hate her. I started feeding outdoor cats during the pandemic and with the help of various rescue groups we got them all fixed, vaccinated and I treat them monthly for parasites. Yet, my landlord harasses me constantly about 4 outdoor cats while ignoring the “emotional support pit bull ” upstairs. So, yeah, I feel your pain. I just got an emotional support animal letter from my doctor and am going to inform my landlady that I now have emotional support cats. So, she can kiss my big, fat butt! Lol!
I suggest you seek treatment for your mental illness then. It sounds like you are going untreated and complaining about people who are trying to work through trauma using whatever means afforded to them. I was a victim of sex trafficking as a child. Does that mean I can’t have my ESA in my apartment cause you are scared of dogs barking Karen? You could complain to me all day and I wouldn’t feel a shred of pity for you besides the fact that you’re so selfish that you sit here and exaggerate to make people feel bad. You have no clue what your neighbors trauma is. Maybe they watched their dad murdered and their mom raped and you’re over whining about barking. Just stop Karen.
Isn’t it kind of “inconsiderate” for someone with an emotional support animal (dog) to insist on renting in an apartment complex with a “No Dog” policy? There are people like me who specifically chose to live here because they do not want to live near dogs. I have ADHD and that causes me to be hypersensitive to noises (such as barking dogs) and it causes me great anxiety. This is the reason I sought out an apartment in a Dog-Free Community. But, someone just moved in with 3 barking dogs and I was told, “It is okay, they are emotional support animals.” Well, it is not okay for me because barking dogs make me very upset. There are hundreds of people renting here who don’t have dogs and probably don’t want to own or live near dogs, but we have no rights. The law protects people with depression and allows them to force a landlord to rent to them and their disruptive animal….but the law doesn’t care about the other people living there who may have ADHD or a fear of dogs or just don’t like dogs. It may sound petty or stupid to some people, but the sound of barking dogs all day makes me want to jump out of my skin. Some people have the ability to “tune it out” but there are people like me who cannot do that. These ESAs are making it worse for people who suffer from anxiety or ADHD while making it “better” for the person with depression. What is the hierarchy of mental illnesses that the laws take into consideration? I have mental illness, but I go to therapy and take medication, I don’t force people to let me bring an inconvenient animal into the neighborhood. I don’t mean to sound rude, but I feel it is rude for someone with an animal to choose to rent in one of the few communities with a no dog policy (MOST apartments in Columbus, Ohio do allow dogs so it was hard to find one with a No Dog Policy.)
In that case of 3 dogs barking all the time it is very inconsiderate. I have an ESA in training right now but I live in my own home but will be renting soon . I will look for places that allow dogs and will have mine put through extensive training before I sell my house.
Even with doctors’ letters regarding my need for a Service Dog (& mine is trained Tibetan Spaniel, 10#s, pad trained, rarely barks unless emergency, most well-behaved dog at my current apt complex (w/over 100 dogs here) states my Res. Mgr & Asst. Mgr, I continually get turned down for new rental. 3 in a row, w/ 2nd person claiming that tenant after me had better credit (I checked mine w/ 2 of 3 credit agencies & it was very good. Last landlord actually said I could not have my service dog as parts of apt had carpeting & 1 family member had allergies! I even offered to replace carpeting (in writing) when parents retired from Tahiti in distant future & moved back. They replied no again re the dog. What can I do??? Sincerely, Jan Allen
Report them to the HUD. If you have provided proof of a service dog and they are rejecting you then you need to report them to HUD. Because they legally can’t do that. I kinda get the allergies thing but to be honest just like people lie about their ESAs, I feel like landlords lie as well. Just make sure you have proof of everything. Service animals have to have training so prove that and the dogs shots etc.
I rent out a room in my home. I allowed the tenant to bring her dog without a pet deposit or a monthly fee. She has become a very difficult tenant and I pointed out that I have been very accommodating with her dog. I even take it outside multiple times a day when she isn’t home. I told her if we can’t come to an agreement on cleanliness and just common courtesy I was going to charge her a monthly pet fee at contract renewal. She says I am not allowed to charge her for her ESA. This is my home and all I am asking is for her to be a decent roommate.