25+ Things You Didn’t Know About Emotional Support Animals and Housing Laws

Millions of Americans live with mental health and emotional struggles that make their daily lives challenging, at best. While there are many effective treatment options, emotional support animals provide a positive alternative to medications and other therapies, especially for animal lovers. Emotional support animals, or ESAs, are a type of assistance animal that provide meaningful help to someone living with such mental and emotional challenges, just by sharing their time, space, and affection. 

For those individuals who benefit from the presence of an ESA, it’s essential that their assistance animals are permitted to live with them. Thanks to federal laws, most housing providers are prohibited from discriminating against disabled individuals, including those with official ESAs. If you want to bring an ESA into your life, it’s essential that you know all about your housing rights before signing your next lease or getting pre-approved for a home loan. Let’s learn all about emotional support animal rental laws and housing rights for animal lovers living with a mental or emotional health condition.

1. An Overview of Emotional Support Animal Laws

Pet owners who live with mental or emotional health challenges may find that an emotional support animal (ESA) can help alleviate their symptoms merely by providing companionship and affection. An ESA may be any type of domesticated animal, including most breeds of cat and dog, as well as less conventional pets like birds, reptiles, and rodents.

Although ESAs don’t have the same public rights as service dogs, they are protected by one powerful federal law. Enacted in 1968, the Fair Housing Act (FHA) prohibits housing providers and landlords from discriminating against anyone with a physical, mental, or emotional disorder and their assistance animals. This includes when applying to buy a home or signing a rental lease contract. 

2. Understanding the Fair Housing Act (FHA)

The Fair Housing Act of 1968, or FHA, protects disabled individuals from any form of housing discrimination, whether applying to buy a house or to rent an apartment. For ESA owners, this means they may keep their domesticated animal in their home, even if the property has a no-pet policy. Emotional support animals are also exempt from any additional pet fees, deposits, or other upcharges. Unless your ESA causes property damage or poses a threat to other tenants, your landlord cannot evict you based on your assistance animal.

3. How to Get an ESA Letter

To make your beloved pet into an official emotional support animal, you’ll need an ESA letter. This is the only valid document that guarantees your housing rights — and it’s easier to acquire than you might think. Here's a simple step by step overview of the process:

1. Determine if you Qualify: Only people with a verified mental health condition that can be improved by the presence of an animal qualify for an emotional support animal. If that sounds like you, the first step is done!
2. Speak with a Licensed Mental Health Professional: The next step is to discuss your mental health and how an animal supports it with a qualified clinician. Ultimately, they will be the ones who determine if you would benefit from an emotional support animal, and write you the necessary recommendation letter (called an ESA letter).
3. Get your ESA Letter: If you qualify, the clinician will write you an ESA letter. This is the document you will present to your landlord to get accommodation for your pet. They cannot legally deny the request unless it is deemed "unreasonable", and cannot charge any pet fees or impose pet restrictions.

Don't have a licensed mental health professional you can speak with? We can help! Simply take our short online assessment and we will connect you with a qualified clinician who can assess your mental health condition and write you an ESA Letter in as little as 24 hours.

4. How Landlords Verify an ESA Letters Legitimacy

Landlords and housing management have their own rights, as well, so they must be able to verify your ESA letter before agreeing to allow your assistance animal in your new rental home. To make this verification easy, your LMHP will issue your ESA letter on their professional letterhead, which includes their practice license number, contact information, and official signature. With this information, a housing provider can contact the LMHP to verify the new tenant’s needs before agreeing to honor their ESA request.

5. Legal Rights for Tenants with an Emotional Support Animal

Thanks to the FHA, renters who require an emotional support animal in their homes are supported by the power of U.S. federal protections. It guarantees that individuals living with disabilities are properly accommodated in rental housing across the United States. However, unlike service dogs, ESAs are not covered by the Americans with Disabilities Act (ADA) or Air Carrier Access Act (ACAA), so their protections are limited to housing.

6. Understanding State-Specific ESA Laws

While the FHA protects emotional support animal owners' rights, there are some differences in state laws on ESAs. Some states have their own ESA rules and regulations that work to bolster the housing rights of ESA owners, define what is legally considered an ESA, and prevent ESA-related fraud. Generally, state-specific laws are intended to further protect the legal rights of ESA owners in any rental housing situation. The most important state laws you need to be aware of are the following:

• California Law AB-468
• Montana Law HB-703
• Arkansas Law HB-1420
• Iowa Law SF-2268
• Louisiana Law HB-407

Each of these laws implements a required 30-day relationship with a healthcare provider prior to being written an ESA letter. These laws are intended to crack down on illegitimate ESA letters, and ensure that only the people who genuinely benefit from having an ESA can acquire them and protect their rights. If you do not have a current relationship with a mental health clinician and live in one of these states Pettable can connect you with one to establish a 30 day relationship and receive an ESA letter if you qualify.

7. When Landlords Must Make Exceptions for ESAs

Landlords are required by the FHA to provide “reasonable accommodations” for disabled individuals, including ESA owners. While some housing providers have no-pet policies, breed restrictions, or species restrictions, an official ESA letter requires them to accept domesticated assistance animals, no matter the breed or species. However, there are still exceptions where landlords can deny or evict ESAs.

8. When Landlords CAN Deny Emotional Support Animals

Although the FHA protects ESA owners and their assistance animals, landlords may still deny or evict an ESA in certain circumstances. If an ESA causes property damage or threatens other tenants, the landlord can legally evict the owner and their animal. This includes intimidating or disruptive behavior or destruction of other tenants’ property, as well as if other residents have severe allergies to the animal. Landlords are also allowed to put reasonable limitations on the size of assistance animals, so although most domesticated animals can be ESAs, oversized animals like mini horses or boa constrictors might be denied.

Additionally, a landlord can deny ESA accommodation if due to incorrect or fraudulent documentation. It is essential to ensure you get the correct documentation (an ESA letter) from a licensed mental health professional in your state to ensure you emotional support animal is accommodated.

9. Definition of "Reasonable Accommodation"

The FHA defines reasonable accommodation as:

a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces, or to fulfill their program obligations.

The burden is on the landlord to show how accommodating an ESA falls outside reasonable accommodation. For the most part, any commonly kept domestic pet (such as a dog or cat) can be accommodated.

10. Examples of Reasonable Accommodation Requests

Some reasonable accommodation requests include:

• Permitting an assistance animal in a property with established no-pet policies
• Permitting a tenant to request or transfer to a ground-floor unit
• Enhanced access to common areas

11. Including ESA Provisions in Rental Agreements

If you’re on the other side of the housing arrangement, you might want to add some provisions to your rental agreements that address assistance animals such as ESAs. The FHA requires that housing providers allow disabled residents or applicants to keep one or more ESAs in their homes, as long as they have a legitimate ESA letter. Landlords and housing managers should consider including ESA clauses and related provisions in new rental agreements and add amendments to existing leases. This can help both renters and providers with clarity and peace of mind in a legally binding document.

12. Legal Language and Protections

While the FHA guarantees the tenant rights, housing providers also must ensure their interests are protected, as well. Before you make any amendments or changes to your rental agreement, meet with legal counsel to fine-tune any details and ensure that both parties — housing providers and renters — are covered. Make your disqualifying conditions apparent and clear; for example, if the assistance animal causes property damage or threatens the safety of other residents, you may legally evict the tenant and ESA. 

13. Understanding Tenant Rights for ESA Owners

Under the FHA, tenants are guaranteed certain rights related to their emotional support animals if they are medically diagnosed with an applicable mental health disorder. As long as the tenant has a valid and official ESA letter, they are protected from landlord discrimination. The law allows assistance animals to live with their owners regardless of the property’s standard pet policies and restrictions, and they are exempt from any additional rent, fees, or other related charges. As long as the animal doesn’t cause property damage or intimidate other residents, the owner cannot be evicted based on their ESA. 

14. Steps Tenants Can Take if Their Rights Are Violated

If your housing rights are being threatened or violated by your housing provider, there are steps you can take to alleviate the situation. First, get the details of why your landlord is denying your ESA letter and assistance animal, the more specific, the better. If you can’t work the issue out with the landlord, despite having a current, legitimate ESA letter, you can file a complaint with the U.S. Department of Housing and Development (HUD). 

15. Recognizing and Addressing ESA Discrimination in Housing

If you’re applying for rental housing with an ESA in tow, it’s important to recognize some signs of discrimination from landlords, including:

• Asking inappropriate questions about your disability
• Questioning your need for an ESA
• Accusing you of faking a disorder
• Refusing to make reasonable accommodations

16. Legal Recourse for Discrimination Cases

If you feel that your housing rights have been denied unjustly or that your landlord is not honoring your ESA letter, the first step is to file an official complaint with HUD, the federal department responsible for enforcing housing laws. You should also consider seeking legal action through an attorney who specializes in disability laws. 

17. Legal Guidelines on the Number of ESAs a Tenant Can Have

There are no laws, including the FHA, that limit the number of assistance animals an individual can have in their home. However, while landlords are responsible for making reasonable accommodations, tenants must be reasonable when it comes to multiple ESAs. Also, each individual animal requires its own ESA letter, and must provide a benefit for a unique symptom of your mental health condition. The best bet is to speak with a licensed mental health professional to see if you qualify to have multiple emotional support animals.

18. Common ESA Housing Disputes and Resolutions

Some common ESA issues that can arise between tenants and their landlords include:

• Illegitimate ESA letter
• Suspected property damage
• Excessive noise
• Complaints from other residents
• State restrictions on species or breeds

19. Tips for Overcoming ESA Housing Disputes

Most ESA housing disputes can be settled between a tenant and their landlord, as long as both operate in good faith. If there are potential issues, it’s best to address them ahead of time before the situation escalates or creates volatility between the parties. Open communication and honesty are the best strategies for avoiding problems.

20. Breed Restrictions and How They Apply to ESAs

Although some states, cities, and local governments have their own constraints on certain types of dogs, cats, or other animals, the FHA makes no breed restrictions (canines, specifically) for ESAs. So as long as your dog is domesticated and properly trained, they can’t be denied.

21. Laws Protecting ESA Owners from Eviction

The FHA is the singular federal law that prevents ESA owners from being evicted based solely on their assistance animals. As long as the animal is kept under the owner’s control, doesn’t damage the property, and doesn’t threaten other residents, you and your ESA can’t be legally evicted.

22. Steps to Take if Faced with Eviction

If your landlord is unlawfully threatening you with eviction, you should immediately file a complaint with HUD, and if possible, secure legal representation. An attorney specializing in disability or housing laws can guide you through any other options.

23. Understanding the ESA Certification Process

As far as certification is concerned, the only documentation needed for your emotional support animal is an ESA letter. To get your ESA letter, you must be diagnosed with a mental or emotional health disorder by a licensed mental health professional. After the diagnosis, your LMHP will write your official ESA letter, which you can present to your housing manager to verify your medical needs.

24. Legal Significance of Certification

If you want to guarantee your ESA-related housing rights as a disabled individual, an ESA letter is required. It’s the only legally binding document to assert your need for an assistance animal; there are no other certifications or registrations required.

25. Key Differences Between Service Animals and ESAs

Although service animals and ESAs are both assistance animals, they have different types of legal protection. Service animals (typically dogs) are protected in public accommodations by the Americans with Disabilities Act (ADA) and in domestic air travel by the Air Carrier Access Act (ACAA). The FHA guarantees the rights of both types of assistance animals, but it’s the only federal protection for ESAs.

26. Legal Distinctions and Rights Between ESAs and Service Animals

For legal purposes, a service dog must be trained to perform specific tasks to aid their owner’s mental health condition. The ADA allows this type of assistance animal in most public places, while ESAs are not legally allowed to accompany their owners in public locations. 

27. ESA Accommodations in College Housing

If you or your superstar high school graduate is heading off to college, your mental and emotional health can take a serious toll. Thankfully, you can rest assured that your ESA can accompany you in university housing. Just as with standard apartments, the FHA prohibits discrimination against disabled persons in college dorms and other types of university housing. As long as you have an official ESA letter, your assistance animal is guaranteed admission — just don’t bring it with you to class. Unless your sidekick is a service animal, they’ll have to stay safely back in your dorm room. 

28. Steps to Request Accommodation for an ESA

Any disabled individual has the right to request reasonable accommodations for an emotional support animal when seeking housing. There are no specific or particular forms that you need to submit to make an accommodation request for your ESA, but a standard form letter to your potential housing provider is a great way to start the conversation. To ensure your housing rights, however, you must have an official ESA letter written by a licensed mental health professional. 

29. Sample Letters and Forms

The only valid certification for an emotional support animal is an ESA letter written by a licensed mental health professional. Any other documentation, such as a certificate, ID card, or registration papers are not alone sufficient. These other forms of identification for an ESA hold no legal value, and will not be accepted by landlords to accommodate an emotional support animal. An ESA letter should contain information such as the clinicians license information, a statement of need for an ESA, and the date issued. Below is a sample graphic of what a legitimate ESA letter should look like:

Conclusion

If you have been struggling with your mental health or facing emotional distress, an emotional support animal might make a world of difference. If you’ve already sought professional help for your mental health disability, an ESA could also make a great addition to your treatment. Whether you’re seeking new housing or want to add an assistance animal to your current rental home, Pettable can help you make it a reality. Contact us today to get started!

Frequently Asked Questions (FAQ)

What animals qualify to be emotional support animals?

Any domesticated animal under the control of its owner can serve as an ESA, including dogs, cats, lizards, rabbits, snakes, birds, hamsters, rats, and miniature horses. 

Am I allowed to have an exotic animal as an ESA?

Wild and exotic animals, such as primates, jungle cats, and other non-domesticated animals are not typically allowed to be ESAs, as they must also adhere to any state or locality-specific species restrictions.

Is my housing provider required to clean up after my ESA?

You are responsible for cleaning up after your ESA and properly maintaining your rental property, as well as ensuring that your assistance animal doesn’t damage property or threaten other residents. 

Who can write an ESA letter?

Any licensed mental health professional, such as a therapist, psychiatrist, or social worker, as well as most general physicians and practitioners, can write your ESA letter.