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Landlord Rights for Emotional Support Animals
According to the NAMI, an estimate of 61.5 million Americans (or 1 in 4) suffer from a mental or emotional disability.
For this reason, the use of Emotional Support Animals (ESA) is becoming more prevalent, and many mental health professionals are recommending animals and writing prescriptions as a therapy tool.
As a landlord or property owner, you might ask yourself, what does that mean for me and for my rental units that have “no pets” policies in place?
In this post, we will cover landlord rights when renting to a tenant with an emotional support animal.
Table of Contents
- The Fair Housing Act (FHA) & Landlords
- Emotional Support Animal Letters for Housing
- How Can a Landlord Verify an ESA Letter?
- ESA Questions a Landlord Has the Right to Ask a Tenant
- ESA Questions a Landlord Does Not Have the Right to Ask a Tenant
- What Kind of Animals Do Landlords Have to Allow?
- How Many Emotional Support Animals Do Landlords Have to Allow?
- Where is the Emotional Support Animal Allowed?
- When Can a Landlord Deny an Emotional Support Animal?
- What About Insurance for Banned Breeds?
- When Can a Landlord Evict a Tenant With an ESA?
- What Fees (If Any) Can a Landlord Charge for an ESA?
- What Could Happen if a Landlord Denies a Tenant Based on an ESA?
The Fair Housing Act (FHA) & Landlords
Under the Fair Housing Act, it is against the law for a property owner or landlord to refuse to house those with a disability.
The housing provider also cannot impose a different application or qualification criteria to those with disabilities. This means the rental fees, sales price, or rental terms or conditions cannot differ from those required by non-disabled persons.
However, the FHA does require written documentation or ESA letter from a licensed mental health professional attesting to the tenant’s need for an Emotional Support Animal. Simply having an ESA registration or vest is not enough to qualify an animal as an ESA.
Emotional Support Animal Letters for Housing
You may or may not have encountered an Emotional Support Animal Letter – these are validation letters from a licensed mental health professional telling you the renter has been prescribed the animal for mental health-related purposes.
This animal is NOT a pet but is there to give the needed therapy the person requires – the emotional support animal or ESA must be responsible for alleviating at least one identified symptoms or effects of an existing disability. This does not mean the animal simply makes the person “feel good.” The ESA must be there for a diagnosable condition such as depression, severe anxiety or phobia.
How Can a Landlord Verify an ESA Letter?
As a landlord, you do have the right to verify that the letter from the therapist is real and from a therapist that is licensed. To do this, you will need to check that the letter is written on the mental health professional’s letterhead, along with their contact information (phone number, email address, practice address).
An ESA Letter should include the professional’s license number, date it was issued, and signature.
If you have any concerns about the validity of the letter, you should NOT contact the mental health professional directly. This could be considered a violation of the patient’s right to privacy.
Questions a Landlord Has the Right to Ask a Tenant That Needs an Emotional Support Animal
As a landlord you have the right to ask your tenant the following questions about their emotional support animal. Remember how you ask is important as well. Here are some tips for speaking with your tenant about their Emotional Support Animal.
Tip 1: Politely speak to the tenant about your concerns.
Let them know you would like to work together to alleviate your concerns. Arguing with the person can make them feel discriminated against and can be used against you should the case go in front of a judge.
Tip 2: Verify the licensed mental health professional’s license number.
You do have the right to verify the mental health professional’s credentials. You can do this by visiting the listed state’s website for the mental health professional’s licensure and entering their license number. You cannot repeatedly call or their LMHP or ask them details about their client’s disability.
Tip 3: Ask tenant for a Reasonable Accommodation Form.
As a landlord, you have the right to ask your tenant for a Reasonable Accommodation Form which would be filled out by the mental health professional that wrote the letter.
Questions a Landlord Does Not Have the Right to Ask a Tenant That Needs an Emotional Support Animal
Remember, you cannot contact the tenant’s therapist directly. There are also limits to the questions you are permitted to ask.
There are several common questions that go against the disabled person’s rights and should not be asked, examples include:
- “Do you have a disability and how severe is it?”
- “How long have you been in therapy?”
- “What medications (if any) do you take?”
- “Let me see your medical records?”
- “Have you ever been hospitalized because of a mental disability?”
- “Have you ever been in a drug rehabilitation program?”
- “How many sessions have you had with your therapist?”
- “Is there anything else at all about your symptoms or diagnosis besides what is provided in this letter?”
What Kind of Animals Do Landlords Have to Allow?
Although dogs and cats are the most common animals used for therapy, your tenant has the right to possess just about any animal as an emotional support animal.
However, that does not mean you have to allow a pet tiger or full-grown horse inside your building. Animals that pose a danger to other tenants or causes an undue financial burden to you can be denied.
Remember, that the tenant is always responsible for their animal(s).
How Many Emotional Support Animals Do Landlords Have to Allow?
The tenant is allowed, under Federal law, to have more than one emotional support animal. As long as the therapist has diagnosed these animals to help alleviate at least one of their patient’s symptoms, it is allowed.
The law does not specify the number allowed or not allowed. It would be difficult to argue against 3 dogs, but if you find that having 10 chickens in the apartment is causing a disturbance or an undue financial burden, you may have the right to deny the request.
Where is the Emotional Support Animal Allowed?
The Department of Housing and Urban Development (HUD) has deemed it possible for the tenant to bring their ESA;
“in all areas of the premises where persons are normally allowed to go unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider services.”
Generally speaking, this would allow the animal in all common areas of the building and the tenant’s apartment.
However, Emotional Support Animals are not permitted to roam off leash throughout the property and must be in their handler’s control at all times.
When Can a Landlord Deny an Emotional Support Animal?
This is a tricky situation; however, there are times when the law is in the landlord’s favor. To deny a tenant the Emotional Support Animal, the animal must be:
- Causing an administrative, financial, or programmatic repercussion to the premises
- Causing disturbance to other tenants
If the emotional assistance animal is particularly disruptive, or the tenant fails to take proper measures to ensure that the animal does not bother other tenants, the landlord may be justified in denying the accommodation or ultimately filing for an eviction.
What About Insurance for Banned Breeds?
Some regions are now imposing breed restriction laws. How does this affect the person with a breed restricted ESA?
According to HUD:
However, it’s not as simple as that. The landlord must then substantiate the claim with the insurance company directly. He or she must then see if the insurance company has a policy that has an exception for the assistance animal. If not, then an investigation may be launched against the insurance company itself for potential disability discrimination. We do not recommend denying a tenant’s Emotional Support Animal due to their breed.
When Can a Landlord Evict a Tenant With an Emotional Support Animal?
There may be circumstances that arise when a landlord does have a right to evict a tenant with an ESA. This will be if the person’s emotional support animal is a threat to the safety of the building or the tenants or the presence of the animal is causing an undue burden on the landlord.
What Fees (If Any) Can a Landlord Charge for an Emotional Support Animal?
According to HUD’s handbook for subsidized multifamily programs:
“A housing provider may not require an applicant or tenant to pay a fee or a security deposit as a condition of allowing the applicant or tenant to keep the emotional support animal.”
However, a landlord can charge fees to repair any damages to a tenant with an Emotional Support Animal. An emotional support animal is not a “get out of jail” free card when it comes to damages caused by the animal. Each tenant is responsible for their animal’s actions and behaviors.
Occupancy Requirements of Subsidized Multifamily Housing Programs, HUD, No. 4350.3, 2-44(E) (2013). 5
“If the emotional support animal causes damage to the housing unit or the common areas of the dwelling, however, the housing provider may charge the cost of repairing the damage.”
What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support Animal
If a tenant believes they have been mistreated due to their ESA, they can file a lawsuit under the Housing and Urban Development Act within one-year of the incident.
HUD will then investigate the complaint at no cost to the disabled individual (the person can also go to the federal district court within two years of the alleged denial).
If the case is substantiated, it will then go to an administrative hearing with HUD attorneys litigating the case.
An Administrative Law Judge (ALJ) will consider all the evidence from the tenant and the landlord. If the ALJ decides that discrimination occurred, the respondent (landlord) can be ordered:
- To compensate the tenant for actual damages, including humiliation, pain, and suffering.
- To provide injunctive or other equitable relief.
- To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $16,000 for a first violation and $70,000 for a third violation within seven years.
- To pay reasonable attorney’s fees and costs.
Know the Law as a Landlord
You do have rights as a landlord; however, it can be tricky. Before you attempt to evict or deny a person with an ESA, you will need to be sure you are in the right, or you could be facing some stiff penalties.
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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As a landlord, a tenant signs a lease with no mention of an ESA. 2 days before moving in, they say they have an ESA. We have a no pet policy. Do we have to honor the lease since it was not disclosed prior to signing the lease and agreeing to the terms of the lease?
I would like the answer to this as well. Happens every month.
Did you go over the lease with your tenant upon signing and pointed out a no pet allow policy? Even though an ESA is NOT considered as a pet, the understanding is there is a restriction of animals. You may have grounds for not disclosing IF you asked before hand (lying on applications and lease agreement) even though you MUST accept an ESA or it would be considered as discrimination. Do NOT use the word pet, but use the word animal, again Service Dogs and ESA are NOT PETS.
We did use the language of “no pet policy” at signing the lease and she did not say anything about her ESA. Then a week later as she is already living there, she asks to get a cat for emotion support out of the blue. And then come backs and then shares that she does have a ESA of a dog.
What is frustrating to us is that she didn’t encloses this information before signing, then asked for a cat and changed her mind, and then shared she had a dog ESA and needs him to live there. So she lied and we felt was sneaky about the whole situation.
What do we have to follow as far as the ESA Law since she didn’t not disclose at time of signing lease? And the unfortunate part is, we would have been understanding of the needs of her support dog,
We include a clause in our lease stating that should any information provided on the tenant’s application not be true that their lease may be terminated. It is not specific to the one question about whether they have an animal, but refers to all information on their application. We just want tenants with good character.
We also include a clause in our lease which require tenants to disclose any emotional support animals and provide valid documentation within three days of signing the lease. It is important for the health and safety of our other tenants to promptly know about any animals on the property. Being dishonest or misleading about the presence of animals is disrespectful to others.
So if the tenant had disclosed up front, would you have offered the lease? See, you can’t have it both ways, you are in fact discriminating after the fact, because you imply you would not have leased and that would be oops, against the law.
I WOULD ALSO LIKE TO KNOW. I HAD A TENANT MOVE IN, NO PETS ALLOWED. I FOUND OUT SEVEN YEARS LATER THIS WEEK THAT THE TENANT CLAIMED THEY HAD AN ESA USING A FAKE INTERNET WEBSITE THREE YEARS AFTER THEY WERE CAUGHT BY MNGMNT WITH A VERY LARGE VICIOUS DOG. I LATER FOUND THAT FOUR DOGS WERE ON THE PREMISES. ANIMAL CONTROL WAS CALLED SIX TIMES. MY NEIGHBOR WAS BIT TWICE! I HAVE ALREADY RECEIVED ESTIMATES FOR OVER $15,000 IN DAMAGE AND TEN MONTHS NO RENT PAID DUE TO COVID. THE LETTER THEY SUBMITTED FROM A SO CALLED DR. WAS NOT A MENTAL HEALTH DR. THERE WAS NO LICENSE NUMBER ADDRESS, OR EVEN A TELEPHONE NUMBER ON IT. THIS WAS A PURE SCAM TO AVOID PET COSTS. THE LETTER IS A FORGERY. AND LET ME TELL YOU SOMETHING NASTY PEOPLE ABOVE. YOU HAVE NO IDEA WHO AND WHAT EACH LANDLORD IS! WE ARE NOT ALL RICH! THAT IS AN ASSUMPTION! I AM 100% DISABLED. I HAVE EPILEPSY. I AM IN A WHEELCHAIR. THIS TENANT WAS NOT. THIS WAS A SCAM PURE AND SIMPLE AND IT HAS COST ME TWO YEARS OF DISABILITY PAY, ALMOST $35,000! THIS WHOLE SYSTEM NEEDS LEGISLATION! I AM A NURSE. I KNOW ABOUT HIPPA, BUT THERE NEEDS TO BE A VALID WAY TO ID THESE ANIMALS AND MAKE SURE THEY ARE LEGIT. I AM DEVASTATED. MY NEIGHBORS HAVE BEEN TERRORIZED AND INJURED! AND I AM NOW LIABLE FOR THEIR MEDICAL COSTS IN ADDITION TO ALL OF THIS! THE TENANT WAS A REALTOR. THEY KNEW THE LOOPHOLES AND THEY TOOK ADVANTAGE OF THEM.
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I am a landlord with a “no dogs allowed” policy. I recently had a tenant apply and get an emotional support dog through a licensed therapist. My question is, how do I respond to other tenants that have asked to have dogs and been denied, but now see a dog on the premise. I’m sure I have to protect this tenants right to privacy, so how do I explain the dog without revealing the reason (anxiety, depression)? Do I simply state that it is an emotional support dog and leave it at that?
Thank you!
I would allow them to ask the neighbor directly and I would not suggest saying anything about emotional support. All you need to say is “We are aware of the presence of that animal and certain laws allow that particular animal to be on the property. The property still has a no pets policy which will be enforced”. That should prevent a flood of fraudulent ESAs.
Our Hoa has guidelines owners must follow for emotional support animals. We require a doctor note etc. Can a guest bring their emotional support animal when visiting? Can we deny them from bringing the animal?
Your question isn’t completely clear. If you are asking if you can prevent a condo owner from having a guest visit if that guest has an ESA, the answer would be (generally) “No”. If they are allowed to have guests, there is nothing you can do about the guests’ ESAs (unless the ESAs pose an undue burden).
Disclaimer: I am not 100% sure about this answer. Don’t take it as legal advice. I am quite familiar with ESA and SA law since I help manage pet-friendly, beach vacation rentals as well as a couple rentals which are not pet-friendly.
My landlord made me pay a pet fee for 2 dogs. I had a letter from my doctor and gave it to him before I moved in. He agreed to 1 dog then a month later made me pay for both. When I brought it up he went off saying I have to have a service dog and I don’t. He refunded me $400 but owes me about $800 or more. He made me feel very depressed and put me down like I was stupid. Now both of my dogs have passed 😥 I did get a new puppy and going to get my EMS letter from my doctor. He will give me a hard time! Please help me, he still owes me money I paid and didn’t have it.
My landlords are taking me to court over my ESA and I’ve been dealing with coronavirus for over a month, my deep depression and extreme anxiety has kicked into high gear. They put a hand written note on my door after I gave them the Doctors letter saying I need an ESA & they’re harassing me about it and now I have to go to court on the 4th to fight it. I just want to be left alone, this is pushing me over the edge😞
Patty, you may have grounds to file a complaint against your landlord under HUD rules and as a violation of the Fair Housing Act. However, you can be charged a fee for having a pet which may be why he kept a portion of your deposit. My impression is that you can have one animal. You may be entitled to a reimbursement for the amount owed. Any deposit for having a service animal, including companion animals, is considered to be punitive. You really should have your paperwork in prior to bringing home your new service animal. I’d check with a lawyer who might be willing to give you a quick free assessment over the phone. Good luck with your new puppy.
You actually can not be charged a fee for a service animal or esa. Not a deposit or a monthly fee. Also you do not need a letter for a new dog as long as your letter is still valid. Also there is not a restriction on how many esa otlr service animals you can have as long as you have a letter for each
Start with saying you have sought out legal clarification and advise. Take printed copies of the legal documents showing that he is not allowed to charge, much less collect and keep, ANY ADDITIONAL monies for your ESA’s that have previously or are currently living within your rental. Make sure to have your physician recommendation copy also. Simply explain that according to federal laws, you’ve never been required to pay additional anything for your ESA. And that he still owes you $xxx.xx. State that you were stopping by to share, AS A COURTESY, that you now have a new ESA pup, who’s name is xxxxx and breed is xxxxx.