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Many landlords, HOAs, and housing providers attempt to deny emotional support animals for reasons that violate federal law. From “no-pet” policies to breed restrictions and paperwork preferences, this guide breaks down 10 common — but invalid — excuses they cannot legally use.
The Bottom Line
Emotional support animals (ESAs) provide a unique therapeutic role to their owners. ESAs help people with mental health issues live more comfortably by reducing symptoms of their mental disability. Under the Fair Housing Act (FHA), ESAs and their owners have the right to live together even in no-pet housing because ESAs are not pets but assistance animals.
As long as someone with a mental health disability has a legitimate ESA letter written by a licensed mental health provider (LMHP), then they can ask for reasonable accommodation for their ESA. Landlords, housing authorities, co-ops, Homeowners Associations (HOAs), universities, and other housing providers must make reasonable accommodations for ESAs by allowing them to live with their owners without pet rent or fees, even in housing situations that do not allow pets.
However, landlords, HOAs, and other housing providers can sometimes deny your ESA, which is more common than you might think. According to a 2020 report by HUD, 60% of all FHA complaints filed with HUD are for reasonable accommodation issues, including those with ESAs. As frustrating as that is, they usually have their reasons to do so. However, many reasons why landlords deny ESAs are invalid and illegal. Mostly, landlords and HOAs are simply misinformed about ESAs and the FHA.
So, if your ESA's right to live with you has been denied, you are not alone. This article will look closely at ten invalid excuses that landlords, HOAs, and condos cannot use to deny your ESA. Then, we'll look at some steps you can take if your ESA request is denied due to invalid reasons.
Landlords and HOAs often try to deny emotional support animals using excuses that don’t hold up under the Fair Housing Act. Whether it’s a building’s no-pet policy, a claim about breed or size, or refusal to accept online ESA letters, these denials are usually rooted in misinformation. As long as you have a valid ESA letter from a licensed professional, your rights are protected — and you have clear steps to take if they’re violated.
A common excuse landlords use to deny your ESA is that they have a no-pet policy. While that may be true, the FHA overrides any pet restrictions as it is a federal law. The FHA clearly states that assistance animals are not pets. Assistance animals are animals that are tasked with certain jobs or purposes, and ESAs are considered assistance animals under the FHA. ESAs are exempt from pet rules, including “no-pet" policies.
The law requires that all landlords or housing providers amend their policies for ESAs and allow them to live with tenants even in no-pet policy situations. So, anytime a landlord or other housing provider tells you that you can't have your ESA because of their "no pets" policy, you can politely remind them that ESAs are not considered pets under the FHA.
Another excuse that cannot be used to deny your ESA is that "your animal is too big." According to the FHA, no size or weight restrictions are allowed on ESAs.
The FHA protects ESAs of any size, large or small. Like with "no-pet" policies, size restriction rules do not apply to ESAs because they are not considered pets but assistance animals. Therefore, if an HOA or landlord tries to tell you that you can't have your ESA because of their size, then they are in violation of the FHA.
Landlords and HOAs cannot deny your ESA due to its breed. The FHA states that pet rules do not apply to assistance animals, and housing providers are not allowed to limit the size or breed of an ESA.
Breed rules do not apply to ESAs, including breeds often stereotyped as being more aggressive. For example, if your ESA is a German Shepard or a pit bull, landlords are still not legally permitted to deny them based on their breed.
However, it is important to note that if your ESA causes any issues that threaten the safety of the other tenants or the property, then your ESA could be denied. However, your ESA would actually have to pose a serious threat to someone or the property itself. They cannot simply look at your dog and say, “No, we don't allow that breed”.
It's always a good idea to contact legal counsel if your ESA has been wrongfully denied based on size or breed, as it is unlawful to do so.
While some fraudulent websites offer fake ESA letters, many credible websites, like Pettable, offer legal, legitimate ESA letters written by an LMHP. A landlord is not allowed to deny your ESA because your ESA letter came from a telehealth therapist.
According to the FHA, a person with a disability seeking an ESA letter must be assessed by an LMHP. These assessments can be in-person or telehealth. So, simply telling you that they will not accept a document from an online therapist is an invalid excuse to deny your ESA.
All you need is a legitimate ESA letter written by an LMHP. Whether you meet them at their physical office or over the Internet from your house, the letter is still valid if they are licensed to practice in your state.
If a landlord or HOA tells you they do not allow ESAs in their common areas, this is also not a legitimate excuse to deny your ESA. According to HUD, ESAs can be with their owner in any public or common-use space. Common areas include laundry facilities, hallways, lobbies, elevators or stairs, recreation rooms, or any outdoor public area.
Landlords must accommodate people with disabilities, including those with ESAs. According to the FHA, restricting common-area access is illegal. The FHA states that ESAs must be allowed in any common space accessible by tenants or residents of the building. People with ESAs are granted access to all public and common-use areas.
If your ESA is being illegally restricted in common areas, you may want to contact an attorney for help.
Landlords and other housing authorities are not allowed to deny your ESA over registration or certification. ESA registration or certification isn't a legal requirement for ESA owners. You only need to hand your legitimate ESA letter to your landlord—that's it.
Some companies offer registrations and certifications for a price, but these are unnecessary as you don't need them legally. So, no landlord can deny your ESA because you didn't register or certify them.
HUD mentions that certifications and registration documents are not sufficient enough to prove that someone has a need for an ESA. Again, the only required document is a legitimate ESA letter from an LMHP.
Some states have additional laws you will want to familiarize yourself with, including having a 30-day relationship with your provider before the ESA letter can be written. However, certifying or registering your ESA is not a requirement, and if landlords deny your ESA because you don't have these, they are illegally denying your ESA.
Another invalid excuse from a landlord is that they charge pet fees or pet rent for ESAs. Landlords are prohibited from charging pet fees or deposits for your ESA. The FHA states that landlords and housing authorities can't charge pet fees or rent for ESAs.
Emotional support animals are not considered pets according to this law and are not subject to the same rules as pets. Now, if your ESA causes any damage to the property, a landlord can charge you for the damage.
"Your ESA could destroy property or hurt others" is not a valid reason to deny your ESA. Just as landlords are not legally permitted to deny an ESA based on size, weight, or breed, they can't speculate that your ESA could cause damage or injury.
In order for a landlord to deny your ESA for property damage, they must have documented evidence. If your ESA causes any damage to the property or injures someone, then a landlord could deny your ESA because they have proof that the animal caused the damage or injury. But they cannot simply say that your animal looks mean or too big to live with you on the property.
Another invalid excuse to deny ESAs is that you can’t have more than one ESA. The FHA states that you can have more than one ESA as long as each animal provides a different therapeutic remedy. You would also need a valid ESA letter for each animal. A landlord is not allowed to deny your ESAs just because you have more than one.
There are some instances when they could deny your ESAs if you have too many animals that can safely live in one unit. For example, your landlord might deny multiple ESAs if you are renting a small studio, and it would not be safe or sanitary for you to keep that many animals in such a small space. However, the fact that you have more than one ESA is not a legal reason to deny your ESA.
Unfortunately, landlords and HOAs sometimes illegally deny ESAs. Generally, this happens because they are misinformed. However, it can certainly be frustrating for ESA owners. Let's look at the steps that you can take if your ESA has been wrongfully denied.
The first step you should take is to contact the landlord or HOA directly. It's always best to try to solve issues before escalating the situation further. You will also want to ask the landlord or HOA to provide you with their reasoning in a written format. If you know their reasoning is wrong, you can explain your rights to them as an ESA owner. However, if they still are determined to deny your ESA, you'll need to move on to the next step.
If your ESA has been illegally denied, the next step is to file a complaint with HUD. If communication with the landlord was unsuccessful, you can file a complaint with HUD online or by downloading a form, filling it out, and mailing it to your local HUD office.
You want to make sure that you include all of the information relating to your situation. You will need your details, the landlord's details, their reasoning for wrongfully denying your ESA, and any attempts to resolve the issue before contacting HUD.
HUD can file charges against landlords who violate the FHA. If you file a complaint with HUD, they will investigate at no cost to you. There are a few ways that you can file a complaint with HUD, including the following:
Office of Fair Housing and Equal Opportunity Department of Housing & Urban Development
451 Seventh Street, S.W., Room 5204,
Washington, DC 20410
Finally, seeking legal advice is a good idea if your ESA was wrongfully denied. An attorney can give you some advice about the situation, but they can also send a demand letter to the landlord. A demand letter could sway them to change their mind and do the right thing before it goes to a courtroom.
You could also reach out for legal advice before filing a complaint with HUD. A lawyer will give you advice and show you your options to help you find a resolution. There are some instances when a landlord has the right to deny your ESA. However, if a landlord uses any of the previously mentioned excuses, they are unlawfully denying your ESA. A lawyer can help you decide your best course of action and help you and your ESA live together, as it is your right.
The FHA protects ESA owners in many situations. You do not have to pay any pet fees or deposits because your ESA is not a pet but an animal providing a service. Landlords cannot restrict your ESA based on the size, breed, or fact that you have three ESAs. They cannot tell you to fill out a specific form or deny an ESA letter because it comes from an online service provider.
Familiarizing yourself with the FHA and your rights as an ESA owner is important. Suppose you feel that your right to live with your ESA has been violated. In that case, you can reach out to your landlord and let them know your rights, or you can always contact legal counsel for information and advice.
If you have exhausted all other options, you may want to file a complaint with HUD and let them investigate your situation. As frustrating as it may be to have your ESA denied, there are ways that you and your landlord can come to a peaceful resolution. Humans can make mistakes, especially when they are misinformed, but with help, you can overcome housing rights issues.
If you have an animal that provides relief for your mental health issues and want to see if they qualify as an ESA, Pettable can help! We can connect you with an LMHP in your state to do an assessment and see if you are eligible for an ESA. If you are eligible, you can usually receive your ESA letter in around 24-48 hours. Take our quiz today to get started.
Alicia Ramella is a freelance writer specializing in mental health and wellness. She has been writing professionally for over three years in this space. Her work has been featured on reputable sites like WEBMD.com and many other health and wellness websites.
Alicia is also a life coach, a podcaster, and a nutrition nut with a background in psychology. She plays with her two children in her free time and enjoys music, gardening, and nature.
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