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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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Reading all this is fascinating and makes me wonder what would happen if I were in a situation where I was being forced to rent to someone with an animal. I go into a panic if one comes near me, a dog or cat, so I guess I’d have to sell my property.
The law can create conundrums like this, it’s always one person’s rights against another’s. I feel for people who need these animals, but if I had to live in proximity to an animal I’d wind up in the top floor of an insane asylum!
You can rent to people from afar if you’re a landlord or do u mean renting a place near one?
cuz where ever you go there will be pets so you can’t expect people to just not own one, that’s unfair. Is there not any way you could find something to ease this on you? for YOUR sake. cuz again, animals are everywhere my friend. you can’t escape them unless you NEVER come outside…
– then you may be able to say “My disablity /etc hinders me from being around pets. if you must have one please keep it on proper short lead/leash and or in its pen in my presence.” again if you are the landlord. if not, you can’t do anything sadly, but move.
Oh bullshit. Animals, both wild and domesticated, are everywhere. Do you pee yourself in terror every time you see a squirrel or bird?
I am researching renting a condo in Florida where they typically have a no pet policy. I have an emotional support letter from my therapist. The realtor said I would need a doctor’s letter, and I am wondering if they want proof of vaccination. I refuse to vaccinate my 12 yr old cat, and she never goes outside. Can they require proof of vaccination?
You best vaccinate a domestic species. They have so many problems as is and i doubt you’re giving her the best food and water cuz thats expensive and tasking af and many can’t handle it or don;t know better. they aren’t like humans and wild counterparts, breeding has messed up their systems.
What if you own the trailer but rent the lot???can the lot owner evict over a emotiona support animal??
Does a letter from my primary care ARNP count?
Also I’m staying with my grandmother for a few months against Section 8 and her apartment complex rules about additional people living here. We have a doctor’s note for that because we’re here until she’s strong enough to live alone after having been hospitalized for a stroke. She’s allowed one animal, which she has already.
What I wanna know is: After we’ve got legal permission to stay, can I use my letter from my doctor to keep MY ESA with me? My doctor said to sneak mine in and only show the letter if needed but I don’t want to cause problems.
I have an ESA dog and my landlord is still requiring me to pay for the fee and they said I have to have the dog neutered if not the dog has to leave the premises. Is this allowed? They wont even accept my rent payment because I refuse to pay for the dog fee since I have an ESA. She says it can take up to 2 weeks to verify the ESA paperwork so she wont accept the rent. In the meantime, she charging me $5. per day for the rent being late. I wonder if this is legal?
This is surely in violations of your rights, pet aside she can’t deny the rent FOR YOU and then go and charge you for being “late” when you’re legit trying to pay her. call up the police for this abuse, she’s ripping off your money intentionally and that’s not ok. its theft.