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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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My landlord refused my ESA for not having a rabies shot, she is too young to have the shot as she is only 10 weeks. Do they have the right to refuse my ESA?
Just have your vet write a letter stating they don’t do rabies shots until the dog is ______ months old.
I have lived in an apartment for a few years.
They dont allow pets.
I have recently been given a letter from my therapist stating my ferrets are emotional support animals.
Can he evict me or charge me extra for having them?
I have a question. I have a ESA dog for 6 years. Where I’m moving dont allow dogs. They are going to let me have her but if she barks to much they will tell me to get rid of her or we have to leave. I dont think this is right but I need help
Tell them if your dog barks it’s to help you and she is an emotional support working animal NOT a pet/toy. this is illegal.
Why would you want to be a nuisance to your neighbors if your dog barks excessively? What if your neighbor had an animal that howled and barked constantly? There is such a thing as right to quiet enjoyment, it’s your job to see to it that your pet isn’t inflicting unnecessary noise on others. If you can’t control your animal you should consider moving into a home with a large yard. Your legal rights shouldn’t interfere with theirs and your landlord can evict you if you don’t have control over your pet.
I understand the need for ESAs, but as a landlord, I also see people abusing the online certification. I have had tenants use this to bypass my “no pets” rule. There has to be a resolution where both parties are accommodated and satisfied. Right now, as a landlord, I am screwed. And my tenants know this. Personally, I provide a lovely home and am very fair to my tenants, and now that I have been back-ended by them, I am not happy. So much for treating people with respect and they respect you in return.
I live in Maine in section 8 housing. I got a service dog but now my landlord is saying their insurance may refuse to insure her breed, in which case they will have to evict me if I keep her. Is this legal for then to do?
If it is a service dog (and not an emotional support dog) yes, it is illegal. There are no breed exceptions when it comes to service dogs. Contact your local general attorney’s office to handle the matter.
I don’t understand why people want to own dogs in other peoples properties where the landlord says no. If you want to own a dog. Find a place where the landlord agrees to having pets or buy your own place. It should be that simple. Most people don’t know how to take care of themselves and their families let alone care for a pet. I think this is ridiculous! My opinion.
Well Veeda…because we love our dogs and corporate apartment complexes and most all landlords say that is too bad, and to give them up to a dog shelter. Affordable housing is limited. Don’t you think in today’s gig economy that maybe people can in no way afford to purchase a house? What will the wealthy landowners tell the renters next, to not have any children because young children are also destructive? Is that ok with you because we should not inconvenience landlords with our lives, just give them our money. So maybe what you are saying is people who rent should have no rights ?
You’ve obviously never tried to find housing with animals/pets.
Service and ESAs are not considered pets but more like tools and treatment plans.
Sometimes that’s all that’s available especially in someones price range work and school area (not always so easy to switch in some cases, and some may need housing pronto like myself rn, its been hell. disabled people are poor and struggle enough.. among other things. it’s just not always THAT SIMPLE it should be, but it isnt. They refuse to allow loans for low credit scores (mines because ive never had to do anything with it like that such as bills lmao not my fault. shrugs) and again, disabled people are poor as is so what makes you think they’ll have money for that down payment right away? and considering many live pay check topaycheck many may never be able to save up in time. you just dont know. there’s SO many factors situations and circumstances that can affect this, have some sympathy.
Veeda: Simple? I don’t think so. Many people can’t afford to buy their own place and most landlords do not allow pets. Not simple at all!
I call BS on this. I have moved all over the USA and 90% of the properties allow dogs (in fact, it’s cats most people don’t allow because they claw up the carpet). Landlords have incentive to allow them because it increases their renter pool.
The problem is people wanting to have their cake and eat it too. They demand they need to have one of the only breeds restricted on the property and then whine about it. You don’t have to get a restricted breed for an ESA. You don’t have to even get a dog, that is a personal decision. No one forced your hand.
Putting poorly thought personal choices on the majority is such blatant entitlement.
Also some people have totally gotten their animals in by taking advantage of the law,anyone can say they need one…BUT I’m currently fighting for my rights,I moved into a apartment after 90 days demestic violence shelter with their housing program,I am disabled and have many years of medical records to back me up,gave them letter and accommodation letter and because people are taking advantage of this they still are denying my rights.I have depression and anxiety,take meds and having been hospitalized and have had ECT treatment and I need my dog,shes all I have…its so wrong to deny someone who is totally in the right.I know a woman who has taking advantage of it and has 5 dogs including a pit bull,they are in cages day thru night,they are only let out to go bathroom 2× day and when she breeds them to make money.They give the dogs horse treatment mixed in food that builds muscle so their dogs look “tough” so people will buy the pups after seeing parents of pup.its completely messed up and sad.they got scolded if the go to bathroom in crate and I have seen them sit in their crate without going out for many hours.
If you honestly believe most people can’t even take care of themselves, why on earth do you own rental property?
My landlord just sold the house he didn’t live in it now the new buyer will live here , what do I do about my esa dog
Call a lawyer and have them write a strongly worded letter to your landlord or report your landlord. That’s not a legit reason to deny an ESA letter if they are a LMHP from your state.
My landlord does similar stuff, he hates nun esa’s but I have a letter so 🤷♀️
Hi I have some concerns about my Roommate’s ESA.
We have been in this rental house for about two months now, and the lease has a strict “no pet policy of any sorts”.
My roommate has an ESA dog, who is neglected. He is not trained, (not house broken and doesn’t know/come to any commands), he is part beagle and barks extremely loud.
He jumped out a window and broke his hip, and it took my other roommates and I to convince his owner to take him to physical therapy because he couldn’t walk.
His owner feeds him constantly whenever his bowl is empty, the dog is obese. His owner does not walk him, and his owner is never home. The owner usually goes out and parties, leaving the dog alone in the house.
The dog poops and pees all over the floor. We often come home to find piles, and puddles.
We have tried talking to our roommate directly to no avail. How do we handle this? He is not a proper ESA and is getting neglected.
Do we contact the landlord?
Definitely!
I got an ESA letter online from a certified medical doctor and my landlord denied it saying they want a letter from a local doctor not one from online. What can I do at this point.
Go to a local doctor to get the right paperwork.
Hello, we have lived at our single family residence for 24 months as of march 31st 2019. We have recently signed to renew our lease for an additional 12 months, which begins on april 1st of this year. We have an authorized pet on our lease for 24 months and on the recently renewed lease. We have also recently applied for an esa and have been excepted by a licensed esa therapist. The animal is a female pit bull breed. We have recently sent an email containing the esa letter from the therapist and an additional letter from ourselves requesting that we have an additional animal on our lease for the next 12 months. We wish to have both our current authorized pet on the lease and our esa dog. Are we within in our florida law? Can they deny us the right to have the esa dog? The esa dog has not current or prior incidents associated. It has never been a threat to another animal or person.
Thank you and we hope for your advice.
There are some exemptions from the law. One is if your landlord rents the single family house themselves.
Housing covered by the Fair Housing Act
All types of housing, including public housing, are covered by the FHA except: 1. Rental dwellings of four or less units, where one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.
I live in a four house dwelling what to do with a esa. But what if the landlord doesn’t live there
My daughter has an ESA documented dog with a letter from her Psychiatrist. She was just admitted to college and they have denied her ESA even though they state they allow ESA’s on campus dorms. I had to write a letter of appeal along with all documentation with a letter from her MD. They denied her and stated I have to write another letter of appeal to the board. I have obtained a shared apartment that will allow her ESA. They will not allow her to live off campus as a Freshman. What are my options. They said this is my last appeal that i can file. I want them to allow her to live off campus as her preference. Any suggestions?
Magnuson hotel in Va. Beach canceled our reservation right in front of us because my granddaughter has a service dog and they wanted to charge me extra. I refused to pay it so the manager went to the computer and canceled our nonrefundable reservation. We called Priceline and they called the manager. After speaking with him Priceline refunded our money
Get a lawyer to write a strong worded letter to all interested parties.