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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.

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  1. Emily says: November 13, 2020

    I have a letter from my doctor who has prescribed an ESA. Prior to getting an animal, I gave this letter to my rental company for approval. They said the letter does not give adequate information and I would need to have a certified pet and get it cleared by my doctor.

    It seems I am caught in a loop where I am unable to get an animal due to the rental contract and without an animal, I am unable to get it cleared by my doctor. Is is this requirement necessary for an emotional support animal and do I have any legal recourse?

    Reply
    • Peter says: April 13, 2021

      The ESA letter is tied to the need of the person requiring an ESA, and it is totally fine and legal to have an ESA letter before getting an animal. The ESA letter may contain what type of animal is recommended (dog, cat, fish,…) but does not specify one specific animal. On the other hand, landlords may want to know what animal you’re bringing with you (type, breed, size…). So your course of action should be: 1) Get the ESA letter from a therapist. 2) Adopt your animal. 3) And only once you have your animal (or you have it reserved) you would submit the ESA letter and any additional documentation needed to your landlord. You may find this article on how to get an emotional support animal letter interesting https://www.servicedogcertifications.org/how-to-get-an-emotional-support-dog-letter/ Good luck!

      Reply
  2. Kit Reynolds says: November 7, 2020

    PLEASE READ THESE COMMONLY ASKED QUESTIONS:

    Emotional Support Animal and Landlord FAQ

    Can a landlord refuse an emotional support dog based on breed?
    No, emotional support dogs can be any type of breed and are exempt from breed or weight discrimination.

    Can a landlord charge a pet deposit for an emotional support animal?
    No, landlords may not charge additional rent or demand a pet deposit for emotional support animals.

    Can a landlord ask for proof for my emotional support animal?
    Yes, a landlord may ask you for an ESA letter from a licensed mental health professional.

    Can my landlord ask me to register or provide registration proof for my ESA?
    No, registration is not required for emotional support animals.

    Do I have to disclose my disability to my apartment manager or landlord?
    No, you do not have to disclose any medical information to your landlord.

    Do I have to let my apartment management company and landlord know that I have an ESA prior to signing a lease?
    No, you may let your apartment management company know before OR after you sign your lease.

    Reply
    • Lydia says: November 12, 2020

      My landlord still asked for registration on my ESA even though I showed them the ESA letter from my doctor..

      Reply
    • alicia escamilla says: November 24, 2020

      What if the rent is a month to month lease rather then a lease term?
      If I get a ESA can my landlord evict me?
      Even if I provide correct documentation

      Reply
    • Eric Graham says: December 3, 2020

      I live in HUD housing in fresno,Ca.Today I was given a 3 day notice cause some tenant told that I have a dog and in poop’s and I don’t pick up.The neighbor has 2 huge Pit Bulls that he lets out every morning and I see them poop outside all the time and no one is telling on him.I have a Emotional support letter but according to the lease I can’t have pets no exceptions, what can I do my dog has separation anxiety and if I give him away he probably will stop eating and die.Im so sad😕

      Reply
      • tiffany says: December 25, 2020

        The ESA letter will protect you from normal lease restrictions such as “no pets”. If they don’t accept your ESA letter, you can file a complaint with HUD. Do not let them bully you. The law gives you and your dog a lot of protection. Do not give your dog away.. you are correct that you can have a dog with a letter. Please keep reading these articles and you will see you are fine. And if not, file a complaint. Your landlord will not want the trouble of being investigated and discriminating against people with a disability (and having an ESA letter).

        Reply
    • JoAnn Nielsen says: April 3, 2021

      Why not just rent in an apartment complex that DOES allow pets? Problem solved. I have a hard time finding an apartment that does not allow dogs, so now that I live in one, I am highly upset that a person just moved in with 3 emotional support dogs. Some people dislike dogs and the sound of barking causes extreme anxiety and frustration, which is why we choose to live in apartments that don’t allow pets. But, our mental illness doesn’t matter, only the mental illness that includes an animal?

      Reply
      • Jillian says: August 16, 2021

        Because some of us live in areas where there is no available housing that allows pets or all the pet-friendly housing is taken. No one wants to live in a place where they know their pet is going to be a problem. If they moved into a place with a no pets policy even though they have an ESA, I can GUARANTEE you it was out of desperation. Maybe your town is different than mine, but in my town it’s damn near impossible to find housing with a pet. I’m forced to move into places with a no pets policy because otherwise, I would be homeless. And getting rid of my ESA isn’t an option because she’s an ESA. I have agoraphobia and major anxiety; there’s a reason doctors and therapists give me this letter, just as there is for everyone with an ESA. I’m sorry you’re struggling, I really am. But it’s not as easy as you seem to think it is to find housing that allows for pets to begin with, especially depending on what kind of animal you have and especially depending on what city/town you live in.

        Reply
  3. jennifer morrison says: October 21, 2020

    I live in Nebraska and have and ESA dog. I live in a large building. There are several dogs on the premises and we are approved…That isn’t the problem. Yesterday we received and emails saying that all service dogs have to enter and exit the building through a certain door (this I have an issue with). They also say animals are not allowed in the common areas…this I have a lesser issue with as I understand other tenants may have allergies etc. However, I am having trouble finding a copy of the FHA or ADA that I can provide to them saying that they cannot make me go out the North Door. Can you help?

    Reply
  4. gabryelle fabbri says: October 5, 2020

    I have an ESA letter from my licensed therapist, but my landlord is “contacting his lawyer” and is requiring that all parties on the least sign to the liability of the animal. is this legal?

    Reply
  5. Ashley says: October 5, 2020

    So I have rented an apartment for 8 months now and my registered ESA is on my lease. All of the sudden my landlords boss (property owner) called me and wants a doctors note now. I live in Idaho and I am having a hard time figuring out weather she can Even legally ask me for that or not.. anyone have any insight to this matter would be greatly appreciated As I am at a loss and do not have money for a lawyer

    Reply
    • Sherry Bachmann says: December 2, 2020

      From what I have researched, they can legally ask, but they can’t refuse as long as you have the documentation.

      Reply
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