Emotional support animals (ESAs) play a vital role in their owners' lives. Federal and state laws protect individuals with ESAs, allowing them to live together comfortably in most housing situations. However, many ESA owners face illegal denials from landlords. Landlords typically deny ESAs because they are misinformed and do not know they are breaking the law.

Under the Fair Housing Act (FHA), landlords are required to accept ESAs unless they have a valid legal reason to deny them. Many apartments and condos have strict no-pet policies and sometimes can deny your ESA letter because of their no-pet policy. However, according to the FHA, your ESA is not a pet and, therefore, is not held to the same rules as pets. ESAs provide comfort and symptom relief for their owners' mental health disabilities.

Many tenants with emotional support animals (ESAs) whose landlord denies them the right to live with their ESAs feel lost and unsure of what to do next. This article is going to clear up any confusion. We will look at ten actions that you can take if your landlord wrongfully denies your ESA letter. Then, well, look at the rare legal scenarios where they can actually deny your ESA. But first, let's look closer at the FHA so you can better understand your rights as an ESA owner.

Understanding Your ESA Rights

You have housing rights as an ESA owner that are protected by federal law. Landlords often deny ESAs because they are misinformed or unaware of discrimination laws. 

One of the best ways to protect your rights is to educate yourself about what those rights are. Then, if a landlord denies your right to live with your ESA, you will know what steps you can take to resolve the issue.

The Fair Housing Act is the main law that protects individuals from being discriminated against in housing situations. So, let's take a closer look at what the FHA says about ESAs and your rights.

What the Fair Housing Act Says About ESAs

The FHA prohibits housing discrimination against tenants with disabilities, including people with emotional support animals. The law states that housing providers must make "reasonable accommodations" for people with disabilities.

One reasonable accommodation for individuals with ESAs is that they must be allowed to live with their animals fee-free. Another reasonable accommodation would be to allow an ESA to live in a "no pet policy" building.

The FHA considers emotional support animals to be assistance animals and is not subject to traditional pet rules or pet policies. 

Request Accommodation for an ESA

A tenant must provide the landlord with a legitimate ESA letter to request reasonable accommodation for an ESA. This letter, written by a licensed mental health professional (LMHP), establishes the tenant's need for an ESA for their mental health. According to the FHA, a valid ESA letter ensures that the landlord must provide reasonable accommodation and allow the ESA to live with the tenant.

What Landlords Can and Can't Ask For

Now that you understand more about your rights as an ESA owner, let's look at what landlords can and cannot ask of you. A landlord is permitted to ask you for an ESA letter from an LMHP. Although they might not refer to it as an ESA letter, they can request a written note from a doctor. No matter the terminology they choose, an ESA letter is the only proof that a landlord is legally allowed to ask from you.

Some states may have additional requirements, such as having a 30-day provider-client relationship before writing the ESA letter.. Landlords may have other forms that they ask you to fill out, but the ESA letter is the only proof you need.

Landlords are not allowed to ask you questions about your mental health diagnosis or for any medical records. They cannot set any breed, size, or weight restrictions on your ESA. Finally, landlords are not allowed to charge you any pet fees or ESA deposits because your ESA is not considered to be a pet but an assistance animal.

10 Things You Can Do If Your ESA Letter Is Denied by Your Landlord

If your landlord denies your ESA letter, there are some steps that you can take to hopefully resolve the issue. Here are ten actions that you can take if your ESA letter is wrongfully denied.

1. Confirm That Your ESA Letter Is Legitimate

One of the first steps you want to take if your landlord denies your ESA letter is to ensure you have a legitimate ESA letter. Some fraudulent ESA letter websites do exist, and they will usually offer some form of certification or registration along with a quick-fix ESA letter.

A landlord is legally allowed to deny an ESA letter if it is not legitimate. So, for an ESA letter to be legitimate, it must include the following information:

• Your LMHP’s full name and contact information, written on a professional letterhead.
• Your LMHP's signature, along with the date that it was written.
• Your LMHP's license number and state that they are licensed to practice. They must be licensed in your state to write your letter.
• A statement that explains that you have a mental health issue diagnosed in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) and that an ESA is a prescribed therapeutic part of your treatment.
• A brief description of your animal.
• Your full name and contact information.

If your ESA letter contains all of this information and comes from an LMHP, it is legitimate and valid proof of your need for an ESA. It's also a good idea to make sure that your ESA letter is current, meaning that it was written in the last 12 months. Once you confirm that your ESA letter is valid, you can move on to other steps. 

2. Communicate With Your Landlord

The next thing you can do if your landlord denies your ESA is to speak with them. You want to try to remain cool and composed when you talk with your landlord. You can politely explain your rights as an ESA owner, discuss the FHA, and explain why you are protected.

Providing them with official resources such as the FHA or the U.S. Department of Housing and Urban Development (HUD) guidelines is also a good idea. Once you have clearly communicated your rights and their obligations as a landlord, they will have all the pertinent information they need to change their mind. However, they may still insist that you cannot have an ESA. In that case, you must move on to the next step in the process.

3. Ask for a Written Explanation of the Denial

If the landlord still denies your ESA letter, then you can ask them to provide you with a written statement clarifying their specific reasoning for the denial.  Ultimately, the landlord must give you a clear reason for denying your ESA..

You now have a record of your interactions with your landlord, so if you need to file a case or a complaint with HUD, you have a physical copy of their denial for your records. 

4. Reiterate That an ESA Is Not a Pet

Another thing you can do if your landlord denies your ESA letter is to reiterate that an ESA is not a pet. You can tell your landlord that, according to the FHA, ESAs are not considered pets at all but rather assistance animals.

Assistance animals are not subject to the same rules that pets are and, therefore, do not apply to “no-pet” policies. 

With so many people using fake ESA letters to sneak their pets into housing situations, you can understand why landlords may be quick to deny your ESA letter. However, as an actual ESA owner, you know your rights, so sometimes, you just need to remind your landlord that your ESA is not a pet but a medical accommodation.

If your landlord cites any of their pet policies, such as a pet fee, pet deposit, or no-pet policy, you can remind them that, according to the FHA, an ESA is not a pet, and those rules do not apply.. 

5. File a Complaint with HUD

If you have tried some of these other options and your landlord is still refusing to comply, you may want to file a complaint with HUD.

It's important that you have a copy of your ESA letter and the written denial from your landlord, as well as any contact information or other pertinent details, to help when filing your complaint.

When you file a complaint with HUD, they will investigate your situation and, if necessary, take legal action.  Your landlord is breaking the law by denying you the right to live with your ESA. 

You can file a complaint with HUD on the website, by phone, or by printing out the form, filling it out, and mailing it to your local office. When you file your complaint, you should also include the following information:

• Your full name and address 
• The landlord's full name and address
• Your copy of the ESA letter 
• The written statement from your landlord providing reasons for denying the ESA letter
• Important dates documenting your interactions with the landlord 

You must file your complaint within one year of the discrimination event. 

The process with HUD is fairly straightforward. After they receive your complaint, they will begin investigating and helping you as soon as possible. The goal is to help you and your landlord resolve things amicably, but in some cases, HUD may take legal action.

It is important to mention that it is illegal for housing providers to retaliate against a person who has filed a complaint for discrimination, even after the investigation is over. If you experience any retaliation at any point during the process, you should report it.

6. Contact a Local Fair Housing Agency

Another option when your landlord denies your ESA letter is to reach out to state or local fair housing agencies. Many state and city agencies can handle discrimination complaints, and you may get a quicker resolution. HUD may be much busier at the federal level than at the local agencies.

As you would with HUD, you want to gather your information and details about the incident and report them to your local fair housing agency. They may be able to mediate the dispute before you have to escalate the case further.

It's important to mention that you can always file a complaint with the Civil Rights Division of the Justice Department, too.

7. Seek Legal Help from a Fair Housing Attorney

You may have to seek legal counsel when your landlord denies your ESA. Fair housing attorneys or housing discrimination lawyers understand the legal landscape of ESA-related laws and can help you find a resolution.

Housing discrimination lawyers can investigate your situation and even file a complaint with HUD. But before it comes to that, a lawyer will typically send a demand letter to your landlord stating your rights to have your ESA.  This document will state that you and your ESA must be allowed to live together in the home. However, if the landlord still says no, your lawyer can help you take the case to court to fight for your rights.

It's important to know your rights, but sometimes, you want to seek professional assistance when a landlord denies your ESA.

8. Check If Your State Has Additional ESA Protections

Another possible step you can take if your landlord denies your ESA letter is to look into your specific state laws to see if there are any additional ESA protections. Some states offer extra ESA protections beyond the FHA's protection.

For example, in New York, the NYC Human Rights Law protects against disability discrimination in housing situations, including for people with ESAs.

California's Civil Rights Department (CRD) offers similar ESA protections for California residents with disabilities. Other states have additional laws regarding ESAs, and you can research these laws in your state to see if there are any additional steps that you can take when your landlord denies your ESA letter.

9. Notify Your Landlord That They May Face Legal Consequences

You can certainly let your landlord know that they are in violation of the FHA. Sometimes, once they realize they are violating the law, landlords will comply with your ESA requests. Some landlords may be misinformed and aren't aware of all of the disability-related laws pertaining to housing.

It's always best to consider that landlords are people, too, and people can make mistakes. However, they may change their stance once you let them know that they could face fines or lawsuits.

For example, let’s say you gave your landlord your ESA letter so your dog can live with you in your apartment. They deny your ESA, saying they have a strict no-pet policy. You can inform them of the FHA and how it protects your rights and that your animal is not, by definition, a pet but an essential assistance animal for your mental health disability.

You can inform the landlord that by breaking this law, they may face fines or a lawsuit. Most of the time, a landlord will decide to accept your ESA, and you won't have to do anything else. Of course, some landlords may still think they are correct; you must pursue other options in those cases.

10. Consider Moving If Necessary

Unfortunately, your landlord may deny your ESA and not change their mind, no matter how much information you provide them. In these cases, seeking counsel or filing a complaint with HUD or other agencies is best.

The problem is that some investigations or lawsuits could take months to sort out. You may decide to move to more ESA-friendly housing instead. Moving can be a real pain, but it may be the best choice in some instances. 

You will want to search for ESA-accommodating landlords to avoid any more issues. It is also a good idea to bring your ESA letter with you when signing any lease so they know upfront about your ESA before you ever pack up that U-Haul truck. 

When Can a Landlord Legally Deny an ESA?

There are some legitimate instances when a landlord is legally allowed to deny an ESA. The most common examples include: if the ESA poses a direct threat, it would cause excessive property damage, or it would cause an undue financial burden. 

1. If the ESA Poses a Direct Threat

Under the FHA, it is legal for a landlord to deny an ESA if the animal poses a direct threat to the health or safety of the other tenants. So, for example, if your animal has a history of aggressive behavior, the landlord may have grounds to deny it.

However, the landlord is not allowed to assume that your animal is going to be a threat, especially based on breed or size. They will need to have some kind of verifiable proof that your animal poses a real threat to the tenants or property.

Another example of a health concern that a landlord could use to deny your ESA is if they would cause allergy issues for other tenants. If any tenants have pet or animal allergies, the landlord could deny your ESA because that would cause a safety risk for those tenants.  But, again, there would need to be evidence of this claim. 

2. If the ESA Would Cause Excessive Property Damage

If your ESA causes excessive damage, then landlords can legally deny your ESA. If your animal's past behavior proves that they destroy property, then a landlord could deny your ESA.

This rule would also apply to current housing situations where you are already living with your ESA. If your animal begins to cause property damage, your landlord could seek to remove your ESA from the property because of the damage that they have caused.  

3. If It Causes an Undue Financial Burden

Finally, a landlord has grounds to deny an ESA if it would cause an undue financial burden. So, if allowing an ESA to live on the property will cause extreme financial hardships, then a landlord can deny the ESA.

If a landlord incurs a significant financial loss when accommodating your ESA, they can deny it. Suppose your landlord needs to make significant adjustments to the property, like changing the flooring or some other alterations necessary to accommodate your ESA. 

Another type of financial burden is if your landlord's insurance premiums increase significantly just because of your animal. They could potentially deny your ESA, but they would need proof of an extreme increase, not just assumptions. 

Conclusion

ESA denials are often based on misinformation, but the good news is that tenants have legal rights to live with their ESA in peace. You can begin to fight for your rights by speaking directly with your landlord and reminding them that ESAs are not considered pets and that you have the right to live with your ESA. You may even want to give them information about the FHA. 

You can then decide to reach out to a lawyer for legal assistance. Finally, you can file complaints with HUD or other state or city agencies.

By taking these proactive steps, you can ensure your rights are upheld. Don't back down if a landlord has wrongfully denied your ESA letter! It is your right to advocate for fair treatment in housing.

FAQs

Can my landlord evict me for having an ESA?

No, evicting a tenant just for having an ESA is illegal under the Fair Housing Act (FHA).

How long does it take for HUD to process a complaint?

It varies based on each situation, but HUD typically responds within a few weeks and investigates cases within several months.

Do I need to provide proof of my disability?

No. You only need an ESA letter as proof of your disability. You do not need to provide your full medical records.

Can a landlord deny my ESA if they claim "it's too late to request one"?

No. You can request ESA accommodations at any time, even after signing a lease.