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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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If your dogs are barking too much then they can still deny them even with an ESA letter. You need to stop your dogs from barking excessively, then you have nothing to worry about.
go buy a house, no more rent, no more restrictions.
Not true at all! Read the articles here!
I’m thinking of moving in with my boyfriend. The apartment he lives in has a no pets policy. I have ptsd. My name is not on the lease. Can he deny my dog even if I can provide the paperwork needed?
I have provided a copy of the script from my son’s therapist office in 2017 for my son to have our dog. They are now requiring yet another prescription form and if not provided they said we have to get rid of our dog. While he has since been out of therapy, I was able to get a script from his pediatrician who has all his records from therapy and now they are saying the want the original and won’t accept a copy. Is this even legal?
Tell them to contact her directly , this is illegal.
It is acceptable for a landlord to ask for a letter that is dated less than one year ago from a medical professional. To simplify the entire process, I would recommend ensuring the medical professionals writes the letter on their company letterhead with their medical license number as well.
I cannot understand all of this “NO PETS” POLICY. dogs can be annoying with their barking and their humans not being responsible poop scoopers-BUT CATS !!! ???
one pays security for whatever isn’t that enough. even if they allow with a 1 time non refundable fee, but NONE AT ALL ???
this is why all the shelters are overwhelmed with pets, no one will adopt because of these horrible landlords !!!
why are we paying rent to live in a prison ?
I cannot understand all of these renters who feel entitled to have an animal in someone else’s property. If you want a pet, buy your own house. I have a 3-family, with family members who are currently renting units. We all have allergies, and do not want to live with any animals on the property. Why should we have to suffer the illness, smells, and property damage from your animals? Cats smell even worse than dogs, and they destroy carpets, flooring & more. We had to replace entire rooms of hardwood flooring due to damage from cat pee when we purchased the property. I refuse to rent to anyone with any type of animal, and I have the right since it is owner occupied with less than 4 units.
Go buy your own home, and stop complaining about how I run mine. My property, my rules. That doesn’t make me a horrible landlord. My family & I deserve to live comfortably in our home, and not cater to people who think we should suffer.
BTW, the shelters are overwhelmed due to lack of spaying & neutering. People should stop letting their animals breed, while there are already too many out there who need homes.
I agree. I searched for a long time to find an apartment with a NO DOGS ALLOWED policy because I don’t like dogs and the sound of barking dogs makes me feel like I am going insane and want to tear my hair out. Why did someone choose to live here with 3 emotional support dogs that bark all day? It is very rude to the people who pay a lot of money to live in an apartment that says DOG-FREE COMMUNITY and prefer to not be barked at by dogs or have dogs piss on their patio and jump on them.
EXACTLY! thank you so much.
They NEED to have places where PETS ARE WELCOME (paw) no fees /etc. But maybe sign a contract if your pet causes enough damage (and kids can too dude! or partiers etc…. tbh human spawns do it WAY more than most well cared for pets do) you are liable to take of it or at least help. That would be fair
Elizabeth,
I sympathize with your perspective and I even agree that the pet-related fees but as someone who has been on both sides of the argument, I’ll share my personal perspective.
When someone has a pet that causes damage to a rental, that damage has to be paid for by the landlord whether they want to or not. Even though the landlord has a right to charge people for the damages that their animals cause, collecting that money is more difficult than you might imagine. In a perfect scenario, everyone would take responsibility for their own pets and pay for damage, unfortunately, it’s not the case.
On the flip side “and this is where the problem really gets big”
– Sue-Happy Culture: If a landlord is out of compliance or not following laws or guidelines (whether they know about them or not) residents tend to want to sue as quickly as possible. (There was a time when people would have 2-way conversations to resolve conflict, it would be great if that was alive again.)
– Maximize Profit: Landlords are trying to maximize profitability on their investments, it sucks that the outcome may mean higher fees but in reality, don’t we all try to get the highest returns for our money? With damage not being paid for, people not taking personal responsibility for their own liabilities and a sue-happy world, landlords are more likely to boost fees at any cost.
* From my perspective, it’s a double-edged sword and the cause has come from both sides, the renter and the landlord (Not all Renters/Landlords). Renters don’t want to pay for there damages and Landlords don’t want to pay for the renters’ damages so what’s the outcome? Higher fees for renters and more unpaid damage billed to landlords.
We All Seak High Returns: I don’t like to pay any more than I have to just like most people but I think it would be a bit of a double standard to say someone else cannot maximize their investments if I could maximize mine.
This is way more than renting a home. We buy cheaper products that are made in a different country, that means our country has fewer jobs but we aren’t all running out and trying to buy stuff from American Made suppliers either, so we are all maximizing profits whether we invest or not.
Pets can cause thousands and thousands of dollars in damages if not trained or the owners are not responsible. Security and pet deposits often do not cover the restoration costs and the property owners can often be forced to recover costs through civil proceedings which is no guarantee the owner will be made whole.
So can children but I don’t see any control freak landlords trying to force tenants to get rid of their kids.
Horrible tenants are the reason landlords don’t want to rent to irresponsible pet owners. I rented my condo to someone for two years, when I went to inspect the property, all of the hardwood flooring had to be removed, sheetrock had to replaced on walls as well as floor molding. The stench was so bad I had to call a restoration company to make it livable, I had a $2000 deposit but it cost the former tenant another $10,000 to get it back in it’s original condition. I’m allergic to smokers, cats and some breeds of dogs. I’ll never rent to another smoker or pet owner. The cat sprayed a disgusting odor and the dogs urinated on walls, molding and flooring.
Shelters are at full capacity thanks to irresponsible pet owners. People who want animals should be homeowners so they can destroy their own property.