Can a Landlord Limit the Number of Emotional Support Animals? Understanding ESA Limits in Housing

The Fair Housing Act (FHA) is a federal law that protects people with disabilities, including those who require service animals. Service animals can also include emotional support animals (ESAs). ESAs are an important part of many people's mental health treatment plans, providing comfort and compassion during times of distress. According to this study, ESAs can drastically help to reduce disability-related symptoms in adults with serious mental illness (SMI). 

The FHA prevents discrimination in housing situations and situations when a person requires more than one ESA. A common question regarding multiple ESAs is, "Can a landlord limit the number of emotional support animals?" 

According to ESA housing laws, a landlord cannot limit the number of ESAs a person can have. However, there are some exceptions to this rule.  According to the Fair Housing Act, some exceptions to this rule include:

• The ESA causes undue burden or severe stress to the landlord's operations. 
• The ESA causes any property damage. 
• The ESA is dangerous, and landlords have proof of this.

This article will cover multiple ESAs, the rights of ESA owners, landlord expectations, their rights, and when it might be appropriate for a landlord to limit the number of ESAs. Finally, we'll share real-world examples of how landlords can proceed with multiple ESA requests and the verification process.

Federal Law: Emotional Support Animal Protections Under the FHA

When it comes to ESA laws, there's one federal law that every landlord and ESA owner should familiarize themselves with and adhere to: the Fair Housing Act.

The FHA is a law that prevents discrimination of individuals with disabilities in housing situations. A disability is defined as a mental or physical impairment that causes disruptions to the person's day-to-day life. The FHA states that those with service animals, including emotional support animals, have the right to live with their owner.

According to the US Department of Housing and Urban Development, "reasonable accommodation" must be made for those with disabilities to live with their service animals or ESAs. Therefore, even in "no-pet" housing situations, landlords are required to allow these animals to live with their owner so long as the tenant provides the proper documentation in the form of an ESA letter for housing. This also means that ESA owners do not have to pay pet fees or pet deposits, no matter how many ESAs they have. 

So, does the FHA expressly limit the number of emotional support animals a tenant can have? According to the Fair Housing Act, emotional support animals are not limited. A person can have as many ESAs as are medically necessary for their health and well-being.  While the FHA does not specify a limit on the number of ESAs that a person can have, landlords can make reasonable inquiries about the need for multiple animals. So, a landlord can ask for an ESA letter and information about each pet and how each contributes to a person's overall well-being. 

Reasonable Accommodations and Limits on ESAs

Let's explore what "reasonable accommodations " are and then see when a landlord has the right to limit ESAs.

What is Considered "Reasonable" Under the Law?

What does "reasonable accommodation" mean concerning ESAs and landlord's rights? Reasonable accommodation means that a landlord must adjust their pet policies, such as waiving the fees or allowing a person with an ESA to live with them, even in no-pet housing situations. A tenant must request reasonable accommodation by telling their landlord about their ESA. As long as the tenant provides the landlord with the proper documentation that states that they require emotional support animals to support their mental health, the landlord must allow them to live with the ESA. According to the FHA, an ESA is not a pet and, therefore, doesn't follow the same rules as traditional pets.

So, how many emotional support animals can you have? You can have a reasonable number of ESAs. The key term here is reasonable. A landlord can request documentation to justify a tenant's need for an ESA, which would apply to each ESA. So, if an individual can show their need for three different ESAs with appropriate documentation, then the landlord would be required to make reasonable accommodations for those ESAs, providing that the unit or property can sufficiently hold three ESAs. According to the ESA multiple animals housing laws, the animals must also not pose a threat to others or cause any significant damage to the property. 

When Can a Landlord Limit the Number of ESAs?

Can a landlord limit the number of emotional support animals in certain situations? The answer is yes, but only under certain conditions. A landlord is required to make reasonable accommodations for ESAs but can deny an excessive number of animals. If the number of animals would cause any safety or health concerns, landlords could limit them.  If the animals cause an undue financial or administrative burden on the landlord, the landlord can limit the number of ESAs. An undue burden is a situation involving significant difficulty or expense for the landlord.

For example, in a small apartment unit, a landlord could limit the number of ESAs, as keeping multiple animals would be impractical or could cause significant property damage. 

Common Challenges and Solutions When Limiting the Number of ESAs

Let's review some real-world issues that can arise regarding tenants with multiple ESAs and examine how landlords can manage these situations while still complying with federal laws.

Challenge 1: Overcrowding in a Small Space

Problem: If a tenant in a small unit requests multiple emotional support animals, it could result in overcrowding or pose health risks.

Solution: If a tenant is in a small unit, bringing multiple ESAs to such a small space could cause overcrowding or health risks. Landlords could potentially handle this situation in a couple of ways. For one, landlords can request documentation to ensure that each ESA is necessary for the tenant's overall well-being. Remember, the tenant's healthcare provider must mention how each ESA is necessary for their mental state.

Landlords could suggest limiting the number of ESAs based on the apartment's small size.  Alternatively, landlords could offer a larger apartment unit if one is available as an alternative.

Challenge 2: Property Damage Concerns

Problem: Multiple animals could lead to property damage, especially in smaller rental units.

Solution: Having multiple animals in some housing situations could possibly lead to property damage. However, landlords are not allowed to limit or deny ESAs due to theoretical property damages. They are also not allowed to change pet rent fees or deposits for ESAs, but landlords can require tenants to cover the cost of all damages that the ESA causes.

Landlords may also want to set clear expectations in the lease agreement regarding the tenant's responsibility for any damages caused by the ESAs. This way, both parties are aware of the possibilities of property damage, but the ESA owner understands that it is their responsibility to cover any damages their ESA causes.

Challenge 3: Tenant Requests for Different Types of Animals

Problem: A tenant requests multiple ESAs of different species, such as a dog and a cat, which might lead to compatibility issues or additional challenges for the landlord.

Solution: The FHA does not specify what type of emotional support animals people can have. Therefore, it is not uncommon for someone to have two ESAs of different species. But what about the potential compatibility issues or other challenges that may arise?

First, landlords should request documentation for each ESA to ensure that they each contribute to the tenant's mental health. Next, it is important to discuss any potential concerns with the tenant, such as noise or allergies, to find a mutually acceptable solution. Effective communication is key, and letting tenants know that it is their responsibility to control their ESA’s noise levels and behaviors helps everyone involved.

Challenge 4: Landlord Uncertainty About Verification

Problem: Landlords are unsure how to properly verify whether a tenant's request for multiple ESAs is legitimate.

Solution: There could be a time when a tenant requests multiple ESA, and a landlord simply wants to make sure that the request is valid. How would they go about doing this to determine the legitimacy of the tenant's request? Legally, landlords can request a valid ESA letter for each emotional support animal written by a licensed mental health provider (LMHP). This letter needs to state that each animal serves a unique therapeutic purpose.

It would also be a good idea to clarify the process for reviewing ESA documentation so that potential tenants know exactly what to expect and how to move forward. Essentially, landlords could include something in the lease or during the initial discussion that lays out a timeline for submission and verification so that everyone is on the same page regarding the ESA letter review process.

Challenge 5: Complaints from Neighbors or Other Tenants

Problem: Neighbors complain about the presence of multiple emotional support animals due to noise, allergies, or fear of certain animals.

Solution: Another common concern is that neighbors will complain about the presence of multiple emotional support animals mainly because of noise, allergies, or specific fears of some animals. To combat this, landlords can set crystal clear noise and behavior guidelines for all tenants with ESAs. These expectations should be on the lease and communicated clearly to tenants at the time of the lease signing to ensure there's no confusion later on.

Landlords can also educate tenants on their legal rights and remind them about the importance of maintaining a peaceful living environment for all residents.

If some neighbors have allergies to certain animals or fears, try to place the tenants as far away from each other as possible. Additionally, kindly inform all parties of the situation so tenants can respect each other's needs.

What Can Landlords Ask When Tenants Request Multiple ESAs?

So, what can landlords ask about ESAs and the request for multiple ESAs? Landlords are legally allowed to request a valid ESA letter for each animal. The letter must demonstrate the tenant's need for each ESA and how they each impact the owner's mental health. 

Landlords are allowed to verify the legitimacy of the ESA by checking the provider's licensing number. However, landlords cannot talk directly to the therapist or healthcare provider, inquire about the tenant's specific diagnosis, or ask for other medical details. Also, landlords are not allowed to charge any fees for the animals.

But can a landlord limit ESAs?  In some circumstances, a landlord can limit the number of ESAs or deny the request. They can deny the requests if the animals pose a health or safety concern or if the accommodation is simply unreasonable, as in four large dogs living in a small studio apartment. 

FAQs

let's take a look at some of the frequently asked questions about multiple ESA laws.

Is there a federal limit on the number of emotional support animals?

No, according to the ESA housing laws, especially the FHA, the number of emotional support animals one can have is not limited.

Can a landlord deny multiple emotional support animals?

No landlords are not typically allowed to deny multiple emotional support animals. However, a landlord limits emotional support animals in a couple of ways. One way is if the request is unreasonable, like having six emotional support animals in a studio apartment. Or if having multiple ESAs will cause undue financial or administrative burden on the landlord.

What documentation is needed for multiple ESAs?

If you have multiple ESAs, you will need a valid ESA letter written by a licensed mental health practitioner for each animal stating that you require each one for your mental health and well-being.

What can a landlord do if a tenant's ESAs cause property damage?

If a tenant's ESAs cause any property damage, a landlord can request that the tenant pay for the repairs.

Can a landlord charge fees for having multiple ESAs?

No, according to the FHA, emotional support animals are not pets and, therefore, are not subject to pet fees or deposits. Even if the tenant has multiple ESAs, laws state that landlords cannot charge any fees.

‍

Conclusion

The FHA states that landlords must make reasonable accommodations for tenants with ESAs. ESA owners will need to provide the proper documentation, which is a legitimate ESA letter from an LMHP. Even if the landlord has a strict no-pet policy, ESAs are not considered pets under the FHA, and landlords must not charge any fees or pet deposits for ESAs. While there is no federal limit on the number of ESAs a renter can have, landlords can set reasonable limits based on health, safety, and the practical use of the rental unit. 

It is essential for both ESA owners and landlords to communicate and work together to find reasonable accommodations that work best for everyone involved while adhering to legal standards set forth by the FHA.

If you are an ESA owner and need a legitimate ESA letter for housing, Pettable can help you with that! Just take our survey and get started on the process of living comfortably with your ESA today.