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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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I submitted my ESA letter to my landlord and she said since my name is not on the lease, I cannot be accommodated. My name is in the lease as a tenant, just not on it as the main person who handles everything. Only my boyfriend is on it. Is this true that she can deny my ESA for this reason?
If I am applying to a new apartment but it says it has a no pet policy, do I have to tell them I have an ESA in my application? Yes legally they have to give me a fair chance but aren’t they just going to accept at a candidate who doesn’t have a pet? It feels wrong to lie about it and then once accepted say by the way I have an ESA, but it feels like I wont have a chance if Im upfront in the beginning. Anyone have advice on how to go about it?
I’m looking for a place that will accept my animal and nobody will give him a chance
I was denied earlier after telling the landlord I have an ESA, they emailed me and said “ We are only required to accept Virginia Certified Service Dogs” which is a lie. My lawyer has already been contacted. I’m struggling daily to live and these people are adding stress on me? I’m sorry but that’s not right.
If I were in your situation I wouldn’t even tell them.
I am currently renting out a room in a house. I asked my landlord if I was able to get an esa and they denied, their reasoning was ” Rejecting a Tenant With an Emotional Support Animal
There are certain times when a landlord may be exempt from renting to a tenant with an emotional support animal. These include:
Buildings with four units or less where one of the units is owner-occupied
Single-family homes that were rented out without using a realtor. The owner of the home cannot own more than three single-family homes.
continued… I suffer from PTSD and having an esa would help me greatly and I even have a diagnosis and can get a letter from my licensed therapist, is there anything I can do to have them accept a possible esa for myself
I am trying to get my dog to become an emotional support dog for my 9 yr old son who has ADHA and other disabilities she is a Staffordshire mix and the manager of my apartment keeps telling me that it doesnt matter because no pets allowed in my lease.. I will be getting a letter from my dr but all i am told by her is not to waste my time. What is my next step?
An ESA isnt legally considered a “pet” therefore their No pet policy does not apply. Also by Federal law they have to make reasonable accommodations for your ESA
Moved into an apartment with my girlfriend. I own two dogs and she is eligible for an ESA. I talked with my leasing office at the complex and they said they have a strict two pet rule. Does an emotional support dog count towards a pet limit?
Emotional support animals are not subject to normal pet restrictions, including limitations on weight. If you have a valid ESA letter from a licensed healthcare professional your housing provider can’t limit the size of your ESA.
I rent a room out of my home. I’m still living in said home. My tenant has 2 cats and a hedgehog that she keeps in a 10×11 room. Now she wants to add a German sheared as an ESA animal. I dont have a large home. So Your telling me I have to allow this dog in my home bc its the law?
No, there are exceptions to the law (look it up, the literature is easy to find online). Because you are renting a room in a house and live there yourself, you don’t have to accept any animals. Good luck!
My wife and I are trying to get an ESA in our apartment on college campus. We have been told this process will likely take 4 months and we have to have the animal chosen before we can start. We can’t have it in our housing though. They expect us to put this animal in housing off-campus for 4 months while we do this. Is this legal? We can’t afford to do that and I don’t want to pay for that.
No. You don’t have to keep the animal off site for 4 months.
You present them with the paperwork and because of the fair housing act, they have to take it (there are exclusions to the law, like if the landlord lives on the property and has less than 4 rentals).
If they discriminate in any way, get a lawyer to contact them.
When can apartments not allow my emotional support animal? There are certain circumstances where landlords are not obliged to accept Emotional Support Animals, such as:
Buildings that have four or fewer dwellings of which the landlord is the occupant of one
Single family accommodation rented or sold without a real estate broker
As per what was written in this article. No you do not need to allow her to get an ESA. You rent a room which you live in the house it is rented.
I bought a manufacted home in a 55 and older community. Can the property landlord disregard my ESA?
Contract? What did you say you would allow? We are in the process of fixing up a rental and we will be VERY specific on whether pets are allowed. Our home owners are very specific on what breed of dog we have to get homeowners on our personal home for liability reasons. So I would never even think about renting to anyone that went behind our backs and brought in any animal that was not agreed upon in the lease. Good luck.
Sounds like youd be in court if that is your outlook. ESA’s are not pets so they do not need to be disclosed on the application. And someone talking to their mental health professional and getting a prescription for an ESA is hardly going behind anyone’s back. It is no different than going to your PCP and them writing you a anti-anxiety or antidepressant prescription. Because that’s what an ESA letter is… a prescription. Tenants are not required to discuss their medical diagnoses or appointments with their landlord or inform them they are discussing an emotional support animal… they are only required to provide you with the ESA letter/prescription so that you can make reasonable accommodations, same as if a tenant lost their legs and needed a wheelchair ramp installed. Is the tenant brought you a DME for a wheelchair ramp put in would that be going behind your back? Like they just decided to be disabled to spite you? Disgusting outlook…
Sounds like if you rent the room and live in the house, you do not have to accept the ESA.
My son has an esa dog for several different reasons. My landlord is saying we have to get rid of his dog because their insurance does not allow pitbulls. Everything i have read says as long as hes not a danger to anyone on the property the landlord has to allow him! I have a letter from my sons therapist and can get at least ten letters stating that our dog is of no threat he has never harmed anyone and is ALWAYS on leash when out doors. How can i fight this? What Utah documentation can i get to prove that they can not force us to get rid of his dog? Who can i reach out to,to back us on this?