An emotional support animal letter, or ESA letter, is a legal document you give to a landlord to show your need for an emotional support animal (ESA). In most cases, an ESA letter is the only document that you need to be able to live with your ESA.

However, there are some circumstances when you might receive additional ESA landlord forms. Landlords could present you with other forms to comply with their housing policies or to simply document their legal compliance with the Fair Housing Act. Regardless, it is a common occurrence, and while the forms may seem overwhelming, they are pretty manageable.

When presented with these additional documents for ESA housing, tenants might feel they are being asked for too much. Some forms are acceptable for landlords to ask you to complete, while others are not.

This article will cover the most common ESA landlord forms, explain why landlords may request them, and look at what information a landlord can and cannot legally request. Then, you will better understand your rights as an ESA owner and what information a landlord can ask regarding your ESA and disability.

What Is an ESA Letter, and Why It's Required?

First, let's look at what an ESA letter is and what purpose it serves. An ESA letter is a formal document from a licensed mental health practitioner (LMHP) demonstrating a person's need for an emotional support animal.

The ESA letter serves as your "proof" that your animal is an ESA that relieves symptoms of your mental health condition. An ESA letter is the only legal verification of your ESA. You do not need to register your animal, get any certifications, or put them in a vest. The ESA letter is the only legally required document that you will need according to the Fair Housing Act.

The Fair Housing Act says that ESA owners need a verifiable document stating their need for an assistant animal. A legitimate ESA letter should include the LMHP's name and license number for verification. 

The ESA letter allows people with mental health conditions to live in housing where “no pets allowed” policies are in place. People with mental health disabilities can request accommodation for the ESA. Landlords must accommodate tenants by allowing them to live with their ESA fee-free and without discrimination.

When you apply for housing and request accommodation for your ESA, you must submit your ESA letter to your landlord. Most of the time, the ESA letter is sufficient documentation for the landlord or housing authority. However, some landlords may require more information.

Remember that landlords cannot deny your ESA or limit the number of ESAs that you can have as long as you have a legitimate ESA letter. 

Common Additional Forms and Documentation Landlords Might Request

While an ESA letter is typically all you need to live with your ESA, there are some instances where you may be asked for additional landlord ESA letter requirements. Let's look at three common additional documents for ESA housing that landlords may present to you.

ESA Accommodation Request Form

An additional document that a landlord may request is an emotional support animal accommodation request form. An ESA Accommodation Request Form is a document landlords can give potential tenants requesting their ESA to live with them. This form helps landlords and housing authorities comply with the Fair Housing Act and formally documents your ESA request for everyone's records.

Many different housing authorities may choose to offer these forms to help keep their request records in order, especially if they have many different units available. For example, many colleges will ask students or staff who live on campus to fill out an ESA Accommodation Request Form.

HUD even mentions that it might be a good idea for people who request accommodations for ESAs to use a written request document to avoid miscommunication. These forms typically request information such as your contact details, information about your ESA, and an acknowledgment of the ESA letter. Your therapist or other LMHP can usually fill out this form for you.

Verification of Disability Form

Another ESA landlord form that you might receive is a verification of disability form. A landlord can verify that an animal is required due to a disability. However, they are not allowed to ask any questions about your specific condition.

According to the Fair Housing Act, a disability is a physical or mental issue significantly limiting major life activities.  So, sometimes, a landlord could ask you to fill out a verification of disability form. A verification of disability form is a document that verifies that you have a mental health disability and need an ESA. Your LMHP will need to complete this form. According to HUD, the following disability-related information is recommended: 

• Identify that the tenant has a mental impairment.
• Mention if their mental impairment limits at least one major life activity.
• State that the tenant needs the animal to provide emotional support to alleviate at least one symptom of the mental health condition.

As with an ESA letter, it is recommended that your LMHP signs and dates this document along with the licensing number for verification purposes. Remember, landlords are not allowed to ask for any specific details about your condition but can confirm that the LMHP issued the ESA letter or verification of disability form.

Pet Policy Agreement or Addendum

Pet rules and policies do not apply to assistance animals in housing situations. So, a housing provider may offer you a pet policy agreement or addendum to outline any rules regarding the ESA. They cannot, however, limit the size or breed of the animal. They also can't add any fees or deposits that would violate the Fair Housing Act.

The policy will outline expected animal behavior and caretaker responsibilities. Of course, the ESA owner is responsible for caring for the animal and cleaning up after it. However, it’s important to note that ESAs are not service animals and do not need to have any training or certifications to be one. Therefore, the ESA pet policy should not mention any specific training required. 

This information and any other expectations of your ESA will be included in any pet policy agreement. Just remember that landlords cannot charge you any pet fees or deposits. However, landlords can charge you for any damage that the ESA causes.

Legal Guidelines Landlords Must Follow

There are a few legal guidelines that landlords must follow, especially when it comes to additional paperwork. Let's take a look at the Fair Housing Act and then discuss what landlords can and cannot ask you for.

Fair Housing Act Protections

The Fair Housing Act (FHA) is a federal law designed to stop discrimination in housing situations. The FHA protects people with disabilities, and that includes people with ESAs. This law is the main law that governs ESA owners and their rights to equal housing.

So, The FHA protects ESA owners by prohibiting discrimination based on the need for an ESA. It defines an ESA as an assistant animal, and assistant animals are not considered pets. Therefore, ESA owners are not subject to pet policies and restrictions in traditional housing situations.

The Fair Housing Act’s ESA guidelines mandate reasonable accommodation for ESA owners who present a valid ESA letter. For example, ESA owners can request a change in pet policy for their pets because they have a mental health disability, and an ESA helps provide comfort to them.

To be protected by this law, ESA owners need to present an ESA letter to their landlord. The ESA letter needs to be written by an LMHP. It should mention that you have a mental health disability as per the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5).

Once presented with an ESA letter, a landlord must accommodate your need for an ESA to comply with the FHA.

Restrictions on Requests for Information

There are some restrictions on what type of information a landlord can ask you for and what they cannot.

Landlords are not allowed to demand medical records, ask for any details about your mental health diagnosis, or request a medical examination. 

According to HUD, landlords can ask two basic questions. These include:

• Does the potential tenant have a disability?
• Do they have a disability-related need for the ESA?

These are technically the only questions landlords should ask regarding your ESA or your disability.

Landlords can, however, ask for additional documentation, including information about the need for the animal and documentation of a disability.

How to Respond to Landlord Requests for Additional Forms

If a landlord asks you to provide any of these additional documents, it's best not to feel offended. They are not trying to upset you or make your life any harder, but often, they are just trying to adhere to the legal framework of the Fair Housing Act. It's important that you remain calm and act professionally.

You can always ask for clarification if the landlord's request seems excessive or invasive. Don't feel obligated to divulge any information that is not legally required, and only provide the documents that the FHA states are necessary. If, for any reason, you feel that your rights are being violated or have any issues, it's a good idea to contact legal resources or ESA support services to assist you.

FAQs About Submitting ESA Documentation to Landlords

Let’s take a look at some of the common questions people have about submitting ESA documentation to landlords.

Can my landlord deny my ESA request based on breed or size?

No, according to the Fair Housing Act, a landlord cannot deny your reasonable accommodation request for an ESA due to its breed or size.

What if my landlord refuses to accept my ESA letter?

If your landlord refuses to accept your ESA letter, you can file a complaint with HUD. According to the Fair Housing Act, if you turn in a legitimate ESA letter, landlords must grant your reasonable accommodation request for your ESA and accept your ESA letter.

Do I need to provide proof of ESA training?

No, you do not need to provide proof of ESA training. ESAs are not required to have any training.  According to the Fair Housing Act, emotional support animals do not need any specialized training or certifications. The only legal document that you need for "proof" of your ESA is a legitimate ESA letter from a licensed mental health practitioner (LMHP).

Can landlords charge pet fees for ESAs?

No, a landlord cannot charge any pet fees for ESAs. They can charge you for any damage that your ESA causes to the property, but you are not subject to any deposits or pet-related fees as an ESA is not considered a pet under the Fair Housing Act.

Conclusion: Advocating for Your Rights as an ESA Owner

Having an ESA letter is usually sufficient for securing housing, but there are times when other ESA landlord forms are needed. An emotional support animal accommodation request form, a disability verification form, or a pet agreement could be something your landlord asks you to return to them.

These forms are not meant to make you feel uncomfortable. They are usually just for a landlord's own records and proof of compliance with the FHA.

According to the FHA, landlords are not allowed to ask for any information about your medical condition or any medical records. It's always a good idea to learn about your rights as an ESA owner. If you ever need any additional support, you can always look into legal resources or support services.

To secure housing for yourself and your ESA, you must first obtain an ESA letter. If you qualify, Pettable can connect you to an LMHP in your state and help you get an ESA letter today. To get started, fill out our short survey.

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