🐕 Emotional Support Animal Laws for Landlords

Service Animals

Service animals are dogs (and in limited cases, miniature horses) specifically trained to perform tasks for people with disabilities:

• Guide dogs for visually impaired individuals
• Hearing dogs that alert deaf individuals to sounds
• Mobility assistance dogs
• Seizure alert/response dogs
• Psychiatric service dogs trained to perform specific tasks (different from ESAs)

Key distinction: Service animals perform trained tasks. ESAs provide support through their presence alone.

Emotional Support Animals

Emotional support animals provide therapeutic benefit through companionship to people with mental health conditions such as:

• Depression
• Anxiety disorders
• PTSD
• Phobias
• Other mental health conditions

ESAs don’t require specific training—their benefit comes from the emotional support their presence provides.

Why This Matters to Landlords

Both service animals and ESAs are covered under the Fair Housing Act as reasonable accommodations for disabilities. This means:

• You cannot deny housing because of the animal
• You cannot charge pet fees or deposits
• You must allow them even with no-pet policies
• Refusing can result in Fair Housing Act complaints and significant penalties

Fair Housing Act (FHA)

The primary law governing ESAs and service animals in housing:

• Requires landlords to make “reasonable accommodations” for people with disabilities
• Covers both service animals AND emotional support animals
• Applies to most housing (with limited exceptions)
• Enforced by HUD (Department of Housing and Urban Development)

When FHA Applies

The Fair Housing Act applies to most rental housing:

• Covered: Apartments, condos, single-family homes, townhouses, mobile homes
• Partially exempt: Owner-occupied buildings with 4 or fewer units (“Mrs. Murphy exemption”)
• Partially exempt: Single-family homes rented without a broker (if owner owns 3 or fewer)
• Note: Even exempt properties cannot advertise discriminatory preferences

Americans with Disabilities Act (ADA)

The ADA applies to public accommodations and has stricter definitions:

• Only covers service animals (not ESAs)
• Only dogs (and miniature horses in some cases)
• Primarily applies to public spaces, not private housing
• However, common areas of apartment buildings may be covered

State and Local Laws

Many states have additional laws that may:

• Expand protections beyond federal law
• Add criminal penalties for ESA fraud
• Regulate ESA documentation requirements
• Provide additional guidance on landlord obligations

Always check your state and local laws in addition to federal requirements.

You Must:

1. Consider All Requests in Good Faith

Every ESA request deserves a fair evaluation. You cannot:

• Automatically deny all ESA requests
• Deny based on breed or size restrictions in your pet policy
• Deny because you “don’t believe in ESAs”
• Deny without evaluating the specific request

2. Engage in Interactive Process

If you have questions about a request, you must communicate with the tenant to gather needed information—not simply deny.

3. Waive No-Pet Policy

If the request is valid, you must allow the animal regardless of any no-pet policy.

4. Waive Pet Fees and Deposits

You cannot charge pet rent, pet deposits, or pet fees for assistance animals.

5. Keep Information Confidential

Any disability-related information you receive must be kept confidential and cannot be shared with other tenants or staff who don’t need to know.

6. Respond in Reasonable Time

You should respond to requests promptly—typically within 10-14 days. Unnecessary delays can be considered denial.

For Service Animals

You have very limited ability to request documentation for service animals:

• You can ask: “Is this a service animal required because of a disability?”
• You can ask: “What task has the animal been trained to perform?”
• You cannot: Require documentation, certification, or proof of training
• You cannot: Ask about the nature of the disability
• You cannot: Require the animal to demonstrate the task

For Emotional Support Animals

You can request documentation, but only specific types:

What You Can Request

• Letter from licensed healthcare provider or mental health professional
• Confirmation that tenant has disability-related need for the animal
• That the provider has a treatment relationship with the tenant
• That the animal provides disability-related support

What the Letter Should Include

• Provider’s professional letterhead
• Provider’s license type, number, and state
• Date of the letter (should be current)
• Statement that tenant has a disability
• Statement that animal provides necessary support
• Provider’s signature

What You Cannot Require

• Specific diagnosis or condition name
• Medical records or treatment history
• Details about the disability beyond what’s needed
• Animal training certificates or registration
• Letter from specific type of provider

Step 1: Receive the Request

The tenant informs you they need an assistance animal. The request can be:

• Verbal or written
• Made at any time (before or after move-in)
• Made by the tenant or someone on their behalf

Step 2: Determine if Disability is Obvious

If the disability and need for the animal are both obvious (e.g., blind person with guide dog), you cannot request documentation—proceed to approval.

If either is not obvious, proceed to Step 3.

Step 3: Request Documentation

Politely request documentation from a healthcare provider:

Step 4: Evaluate Documentation

Review the documentation for:

• Legitimate provider: Licensed mental health or healthcare professional
• Treatment relationship: Evidence of actual patient relationship
• Disability-related need: Statement connecting animal to disability
• Current documentation: Recent date on the letter

Step 5: Request Additional Information (If Needed)

If documentation raises questions, you can:

• Ask tenant for supplemental information
• Request letter from a different provider with treatment relationship
• Ask specific questions about the treatment relationship

Step 6: Make Decision

• Approve: If documentation is sufficient, confirm approval in writing
• Deny: If criteria aren’t met, explain why in writing
• Request more info: If you need more to decide, specify what’s needed

Step 7: Document Everything

Keep records of:

• Initial request
• All communications
• Documentation received
• Your evaluation process
• Final decision and reasoning

Legitimate Reasons to Deny

1. Insufficient Documentation

• Tenant fails to provide requested documentation
• Documentation is from non-licensed provider
• No evidence of treatment relationship
• Documentation doesn’t address disability-related need

2. Direct Threat

You can deny if the specific animal poses a direct threat to health or safety:

• The animal has actually injured someone
• The animal has a documented history of dangerous behavior
• The threat cannot be eliminated by conditions or restrictions

Note: You cannot deny based on breed alone—must be based on the individual animal’s behavior.

3. Fundamental Alteration

You may deny if the accommodation would fundamentally alter your operations. This is rare but might include:

• Large animal that would cause structural concerns
• Animal that requires modifications you cannot reasonably make

4. Undue Financial/Administrative Burden

Also rare, but possible if the accommodation would cause significant difficulty or expense disproportionate to resources available.

5. Insurance Issues (Limited)

If your insurance specifically excludes certain animals and you cannot obtain alternative coverage at reasonable cost, this may be a factor—but you should try to find solutions first.

You Cannot Deny Based On:

• No-pet policy
• Breed restrictions
• Size or weight limits
• Species (in most cases)
• Neighbor complaints about allergies (usually)
• Personal belief that ESAs aren’t legitimate
• Fear of setting precedent

You Cannot Charge:

• Pet deposit: No deposit for assistance animals
• Pet rent: No monthly pet fees
• Pet fees: No non-refundable pet fees
• Application fees: No extra fees to process ESA request
• Registration fees: Cannot require paid registration services

You Can:

Collect Security Deposit (Normal)

You can collect your standard security deposit (same as for any tenant). This deposit can be used for damages caused by the assistance animal, just as it could be used for any other damage.

Charge for Actual Damage

Tenant remains liable for any damage caused by their assistance animal:

• Damage beyond normal wear and tear
• Destruction of property
• Cleaning costs beyond normal
• Repair costs

Document damage carefully and deduct from security deposit or pursue payment.

Require Liability Insurance (Maybe)

Some landlords require tenants with animals to carry renter’s insurance with liability coverage. This may be acceptable if applied consistently and the cost is reasonable.

Red Flags for ESA Fraud

• Online-only ESA letters: Websites that provide letters for a fee with minimal or no evaluation
• No treatment relationship: Provider has never met the tenant in person
• Out-of-state provider: Provider licensed in different state with no connection to tenant
• Immediate timing: Request comes right after learning about no-pet policy
• Inconsistent information: Details that don’t add up
• Generic letters: Boilerplate language with no specific information about tenant

What You Can Do

If you suspect fraud, you can:

• Verify the provider’s license: Check with state licensing board
• Ask about treatment relationship: Request confirmation of ongoing care
• Request additional documentation: Ask for letter from different provider with established relationship
• Ask clarifying questions: About how long they’ve seen this provider, nature of treatment relationship

What You Cannot Do

• Automatically deny based on suspicion alone
• Require specific diagnosis or medical records
• Contact provider directly without tenant permission
• Deny without giving tenant opportunity to provide better documentation

State Laws on ESA Fraud

Many states have enacted laws criminalizing ESA fraud:

• Misrepresenting pet as ESA
• Providing fraudulent documentation
• Falsifying disability status

States with ESA fraud laws include: California, Colorado, Florida, Texas, Virginia, and many others. Penalties vary but can include fines and misdemeanor charges.

While you must allow the assistance animal, you can still enforce reasonable rules:

Animal Control

• Animal must be under owner’s control at all times
• Leash requirements in common areas
• Cannot disturb other tenants (excessive barking, etc.)

Waste Management

• Owner must clean up after animal
• Proper disposal of waste
• Maintaining sanitary conditions

Property Care

• Tenant responsible for any damage
• Property must be maintained in good condition
• Any damage will be deducted from deposit or billed

Health and Safety

• Animal must be properly vaccinated (as required by local law)
• Animal must be licensed (as required by local law)
• Animal cannot pose direct threat to others

What You Cannot Require

• Training certification
• ESA registration or ID
• Special vests or identification
• Specific size, breed, or type of animal
• Spay/neuter (in most cases)