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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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That’s not true. There’s no law stating how many esa you can have. Look up under…. esa laws
Is my ESA letter also valid if I show it to my landlord AFTER he found out I have an dog, or does my dog lose ESA status if I don’t tell my landlord until he finds out. My landlord is never around, so chances are small for him to find out. I did say in an email and phone call that I am not allowed to have a dog. Even if I had an ESA letter, he would not allow it, I know that. And I don’t want to spend lots of money for a lawyer and don’t want to be kicked out of my apartment.
If not telling him is not an option, can I send him the ESA letter before I get a dog? I don’t want to buy a dog, then my landlord denies it and then have to give back the dog.
(Location: CA) My husband contacted our landlord and showed her my ESA letter. Which she accepted. My landlord says it’s alright to have a dog but our dog has to be 10 lbs or less… I have a small puppy beagle who will not get any bigger than 25 lbs. we also have to pay a one-time fee of $300. Can the landlord do this? And deny the size, weight, and gender of our dog?
No they can’t charge you any fee or say the dog has to be under 10lbs. They also can’t tell you the dog has to be a certain gender or breed. That they Can get in trouble for.
My leasing office finally said I can have my ESA and he is being trained as a service dog, but they also said it can’t be the one I currently have because other tenants are scared of him! I have had him for 9 months.
Is this legal?
Yes. Totally legit depending on the state in which you reside. A trained service animal is NEVER confused with a scary pet based on its attentive behavior to it’s owner. The behavior a a working animal is above reproach.
I live in an apartment and I have an ESA pet. I have anxiety issues but instead of meds I prefer a natural solution. I gave the realtors my ESA certifications because the landlord says no pets allowed. Well I got something in the mail that says because it’s an online letter that they declined it. They’ve also stated that it’s not acceptable in online nor out of state form. Is that even legal? I’m active duty and my job is stressful enough. I’d like to come home to something that’s much more of a stress relief than let my work consume me even at home.
My apologies I live in a townhome. I’m so used to saying apartment.