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. Nathan Miller says: May 14, 2020

    I am currently trying to get an ESA. I have the appropriate letter and just emailed my landlord. When I moved in my landlord had me sign a paper stating I would never have a support or emotional animal of any kind or I would have to move and pay 998,000$ (yes that many zeros). To me that’s the same thing as denying an ESA which, except for specific rules which do not apply here, would be against the FHA. is that correct? or is signing that before I moved in mean I cant have an ESA?

    Reply
    • Patricia says: July 23, 2020

      Contact a Fair Housing Office in your local community to help. You can search HUD.Gov for a list of agencies who can help!

      Reply
      • Concerned4U says: August 2, 2020

        ESA’s can be a lifesaver. What you honorable people need to do is spend the necessary resources to make sure your ESA is NOT a pet and does not behave as such. Make sure it is properly trained and quiet except in emergency. Spend time daily working with your ESA so that no one can ever deny that it is VERY well behaved and definitely does specific work for you that is evident. Then, as people who feel they are discriminated against, create a respectful marketing campaign to prove to society that your ESA’s are a necessary and beneficial part of society. Get the lobbiests and attornies out of the picture. Hold people who are abusing the system with pets in rental housing accountable, so they quit ruining your reputation. Maybe start a notforprofit and have TV commercials made showing the proper behavior and role of an ESA. There is a difference and it’s time the general public sees it. Landlords need to see it to. They’ve had the wool pulled over their eyes by too many unsavory characters who have pets who destroy their properties and pretend to be legitimate ESAs. They’ve had other tenants move out and quit paying rent because it appears some of the tenants are allowed PETS . It’s time for those of you with legitimate ESAs to be part of the solution and get rid of those who are the problem.

        Reply
      • Cee says: August 3, 2020

        I’m moving into a place in a few days, my daughter & I went through the first phase of the ESA application. The rental company verified the need for one with my daughters psychiatrist..I get a email today titled Phase II of application that has forms for a veterinarian to fill out (they want it filled out to verify rabies and distemper shots)..we don’t have a regular vet for her ES Cat & have never brought it in for shots in the 6 yrs my daughter has owned her, this is something my daughter refuses to have done. The cat was spayed in 2016 for ES reasons. Can the rental company deny her ESA?

        Reply
    • Angela says: July 31, 2020

      Whoever wrote this needs to actually know the law on emotional support animal. Landlords cannot make you get rid of your emotional support animal, it’s a federal law.

      Reply
      • Dana Vanlangendonck says: August 17, 2020

        Im so releaved to hear that. I just got my letter today but already had my puppies. The landlord came over and saw her and told me I had to get rid of her. I let her stay with my sister while I was waiting to see the doctor. Will everything be ok now. Thank you for listening, I’ve truelly been a mess without her.

        Reply
    • dennis says: October 21, 2020

      Hahahah I am glad the landlord is standing up for themselves you should have to pay it law or not

      Reply
  2. Emily Faiella says: December 12, 2019

    I have my letter from my doctor, my esa is a 40 pound Carolina dog. The landlord is trying to tell me that, even with my documentation, they can deny my esa if a neighbor says the dog scares them. Just by looks, they used the example “if you had a pit bull and your neighbor was afraid of them we couldn’t allow it”. My dog has never even barked, let alone shown any aggression of any kind. Are they allowed to deny her for this reason?

    Reply
  3. sherry henry says: October 28, 2019

    I have ESA letter and a registered pet. Because I had to move into my son’s rented trailer the landlord is not allowing me to have my pet. He is putting me on lease but doesn’t want my dog. He said he would evict. I suffer from PTSD depression and anxiety and my dog is my lifesaver. I am heartbroken as we are separated right now so I don’t get my son evicted. What can I do? I am 65 years old.

    Reply
    • Sharon says: August 5, 2020

      My sister is my landlord and doesn’t allow dog I have fair housing working on it billy she says she doesn’t give a shit about my mental health I can’t afford to move

      Reply
    • Alex Oleszewski says: October 7, 2020

      Hi I have two ESA dogs with the right paper work from a licensed doctor. My apartment complex is allowing 1 of them but it telling me to get rid of the other. As well as asking me for vet paperwork for rabies and what not. Is this legal? I know in fair housing it does not give a limit on how many ESA’s I can have. Plus they are small twin Maltese’s. I think it’s within reason. Can anyone help me out?

      Reply
  4. Frank Lan says: October 11, 2019

    I live in a Condo and there’a No dog rule in the pool area. It just so happens that the mail box is also in the pool area. so to get my mail daily (which the HOA requires) so when i get my mail with my dog, i get threats from the HOA for bringing my dog into the pool area.

    Reply
  5. Naomi says: October 2, 2019

    Do I have to pay a pet fee for my ESA? The building owners in my place are saying that they dont believe in “emotional support animals” and are saying that I have to pay the fee. PLEASE HELP!

    Reply
    • sheila says: January 16, 2020

      No, you should be exempt from all fees with an emotional support animal. It is illegal for them to charge you fees for having an ESA.

      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.