Finding housing is stressful enough—but for people who rely on an Emotional Support Animal (ESA), the process can be even more challenging. While federal law protects your right to live with an ESA, many landlords are unfamiliar with—or resistant to—those laws. Some may mistakenly treat your ESA as a pet, attempt to charge illegal pet fees, or deny housing altogether.

But here’s the truth: under the Fair Housing Act (FHA), qualifying individuals have a legal right to reasonable accommodation for their ESA, regardless of no-pet policies or breed restrictions. Still, knowing your rights isn’t always enough. The process often requires clear documentation, calm communication, and persistence.

That’s why we asked legal experts from across the U.S., Canada, and Australia to share their most practical tips for navigating this situation. Below, we break down what they said—and what you can do to protect your housing rights.

What Is an ESA Letter—and Why Is It Required?

An ESA letter is an official document from a licensed mental health professional stating that your emotional support animal is part of your treatment plan for a mental health condition.

Unlike service animals, which are trained for specific tasks, emotional support animals provide comfort and companionship. Under the FHA, an ESA letter enables tenants to request reasonable accommodation for their animal in housing situations that otherwise prohibit pets.

The letter should:

• Be dated and signed by a licensed mental health provider.
• Clearly state that the animal supports your disability-related needs.
• Be recent (typically within the past 12 months).
• Avoid sharing private medical details that aren’t legally required.

Without this letter, landlords are not obligated to provide ESA-related accommodations. That’s why it’s the first and most important step in securing your housing rights.

1. Get an ESA Letter and Share It Proactively with Your Landlord

“Be sure to bring the proper documents when you apply for housing. A letter from a qualified healthcare source should clarify that the emotional support animal is part of your treatment plan. That sets up the legal groundwork right away.”
- Mark Hirsch, Co-founder & Personal Injury Attorney, Templer & Hirsch

An ESA letter isn’t something to stash away until the last minute. According to Hirsch, renters should submit the letter early in the leasing process, not after the lease is signed. This allows the landlord enough time to review the documents and understand their legal obligations under the FHA.

Other experts agree. “Tenants can take steps to protect their rights prior to apartment searching including making sure they have an updated ESA letter signed by a licensed mental health professional,” notes Andrew Izrailo, Founder of Astra Trust.

Being upfront creates clarity and reduces the likelihood of misunderstandings later in the leasing process.

2. Stay Calm and Professional When Landlords Push Back

“If the owner pushes back, don’t get angry. Stay calm and professional. Tell them again nicely that the FHA protects your right to live with your ESA without paying extra or following any rules.”
- Mark Hirsch, Templer & Hirsch

When tensions rise, your demeanor matters. Hirsch emphasizes staying composed and factual. The law is on your side—tenants cannot be charged pet fees or deposits for ESAs, and landlords cannot deny an ESA based on its size or breed.

Jeffrey Reisman, Criminal Defence Lawyer at The Law Offices of Jeffrey Reisman, adds that documentation is critical in these moments. “I recommend documenting all communications and responding in writing to create a record. Explain calmly that under the FHA, ESAs are not pets and are entitled to reasonable accommodation.”

If things escalate, calmly referencing the law and sharing your ESA documentation can resolve most disputes without legal action.

3. Do Your Homework Before Applying: Know Your Landlord’s Track Record

“Researching the landlord's policies and the history of ESAs in the building can help avoid surprises.”
- Jeffrey Reisman, The Law Offices of Jeffrey Reisman

Being proactive before you even apply for housing can save you a lot of trouble later. Reisman recommends that tenants investigate whether a landlord or property management company has a history of ESA disputes.

Seann Malloy, Founder of Malloy Law Offices, suggests preparing an “ESA binder” containing your letter, a cover note, and a copy of the FHA rules. He explains, “Confirming a landlord's familiarity with FHA rules, perhaps by asking about their accommodation policies, can filter out uncooperative ones.”

With some thoughtful preparation, you can save yourself from renting in a hostile environment.

4. Keep a Paper Trail and Reference the FHA Directly in Disputes

“Communicate in writing. Reference the Fair Housing Act directly. If a landlord continues to push, send a letter clarifying your rights under federal law and that any discrimination could open them up to liability.”
- Adam Dayan, Founder, Consumer Law Group, LLC

If you encounter resistance, written communication is your best defense. Dayan advises creating a clear paper trail, citing the FHA in your emails or letters. He also recommends reminding landlords that discriminatory actions could violate federal law.

Seann Malloy echoes this approach: “Referring to 2020 guidance from HUD on ESA reasonable accommodation standards may bolster your case.” If disputes persist, tenants can escalate the matter to local fair housing agencies or HUD.

5. Know the Limits of Landlord Rights—and Respect Them

“Landlords retain the right to confirm an ESA letter has been obtained from an actual professional... They can refuse to make accommodations if the ESA would pose a direct threat to others or would cause substantial damage to property.”
- Andrew Izrailo, Founder & Senior Corporate Manager, Astra Trust

While tenants are protected under the FHA, landlords aren’t powerless. Izrailo reminds tenants that landlords have a right to verify your ESA letter’s legitimacy. And if your animal presents a serious safety hazard or causes major damage, the landlord can legally refuse the accommodation.

Marcus Denning, Senior Lawyer at MK Law, adds a global perspective: “Landlords are allowed to verify and enforce that tenants behave reasonably. The Residential Tenancies Act allows a landlord to act if an ESA destroys property or annoys other tenants.” This balance of rights applies in many jurisdictions beyond the U.S.

6. Local Laws May Offer Additional Protections

“Many states and cities have their own laws that provide more protections for people with disabilities, including the right to have an ESA. These local laws sometimes have broader coverage or stronger enforcement.”
- Jeffrey Reisman, The Law Offices of Jeffrey Reisman

Beyond the FHA, some local laws go further to protect ESA owners. Reisman encourages tenants to educate themselves on their city and state-specific housing laws, which may expand on the FHA’s baseline protections.

Seann Malloy also points to state-level regulations, like California’s Unruh Act, that further safeguard disabled tenants. And Marcus Denning highlights that in Australia, certain states require ESA letters to meet specific legal standards.

What to Do If Your Landlord Refuses Your ESA Request

If your landlord refuses your ESA accommodation request despite proper documentation, here are the steps you can take:

1. Politely Restate the Law: Remind your landlord of their legal obligations under the FHA. Often, a simple explanation resolves the issue.
2. Submit the Request in Writing: Send a formal written accommodation request along with your ESA letter and a brief summary of FHA protections.
3. Contact a Local Fair Housing Agency: Most states and cities have agencies dedicated to resolving housing discrimination complaints.
4. File a Complaint with HUD: If necessary, file a complaint with the U.S. Department of Housing and Urban Development (HUD), which enforces the FHA.
5. Seek Legal Support: In rare cases where disputes escalate, a fair housing attorney can help enforce your rights through negotiation or legal action.

Most disputes are resolved through clear, respectful communication—legal escalation is a last resort.

How to Get an ESA Letter Through Pettable (Safely & Legally Compliant)

If you're ready to protect your housing rights, Pettable makes the ESA letter process easy, secure, and fully compliant with federal and state laws. Unlike uncertified online services, Pettable works exclusively with licensed mental health professionals (LMHPs) who understand the legal standards for ESA documentation.

Step 1: Take the Online Assessment

Start by answering a short, confidential quiz on Pettable’s website about your mental health and your need for an emotional support animal. This assessment helps match you with a licensed provider in your state who can evaluate your situation according to Fair Housing Act (FHA) and HUD guidelines.

Step 2: Complete a Legally Compliant Telehealth Evaluation

Pettable’s licensed mental health professionals conduct a telehealth consultation to determine whether you have a qualifying mental health condition.
All evaluations follow state-specific regulations, including recent laws in places like Iowa and Louisiana that require a therapeutic relationship before issuing an ESA letter.

Step 3: Receive Your ESA Letter

If you're approved, your LMHP will issue a letter that includes all the legal elements required by the Fair Housing Act:

• Licensed provider’s full credentials and license number
• Clear statement that your animal is part of your treatment plan
• Confirmation that you meet the definition of a person with a disability
• Issuance date and provider’s signature

Most customers receive their letter within 24 hours, making it one of the fastest legally compliant ESA processes available online.

Step 4: Present Your Letter to Your Landlord

Armed with your legally valid letter, you can confidently submit your ESA documentation to your landlord. If you encounter any issues, Pettable’s team provides support and guidance on how to respond, ensuring you can advocate for your rights effectively.

Why Pettable Is Different

✔️ Licensed Mental Health Providers in All 50 States
✔️ Legally Compliant With FHA & HUD Standards
✔️ Full Refund If Your Letter Doesn’t Work
✔️ Ongoing Customer Support for Housing Disputes
✔️ Secure Data Protection and HIPAA Compliance

Thousands of people have trusted Pettable to help them access their housing rights without unnecessary fees, housing denials, or stressful confrontations.

Frequently Asked Questions About ESAs and Housing

Can landlords deny my ESA because of its breed, weight, or species?

No, the Fair Housing Act prohibits landlords from denying an ESA solely based on breed, size, or species. The only exceptions are if the animal poses a direct threat to the safety of others or causes substantial damage to property—and landlords must have documented evidence of this.

For example, a large dog cannot be denied simply for being a certain breed, but if that dog has a history of biting or destructive behavior, a landlord may be within their rights to deny the request.

Can a landlord charge me a pet fee, pet deposit, or pet rent for my ESA?

No. ESAs are not considered pets under the law, so landlords cannot charge pet fees, deposits, or additional rent. You may still be responsible for paying for any actual damage your ESA causes, but landlords cannot charge preemptive fees.

What kinds of animals can be emotional support animals?

Most commonly, ESAs are dogs and cats. However, the law does not specify which species qualify. Birds, rabbits, guinea pigs, and even reptiles have been accepted as ESAs in certain cases. The key factor is whether the animal provides therapeutic support for a mental health condition, as documented by a licensed mental health professional.

Does my ESA need special training to qualify?

No. Emotional support animals do not require specialized training, unlike service animals. Their primary role is to provide emotional comfort that alleviates symptoms of a mental health disability.

Do I have to disclose my specific mental health diagnosis to my landlord?

No. Your ESA letter should confirm that you have a disability-related need for the animal, but it does not need to disclose your specific diagnosis. Landlords are not entitled to your private medical history, only confirmation from a licensed professional that the ESA is part of your treatment plan.

How recent does my ESA letter need to be?

Your ESA letter should be less than 12 months old when you present it to your landlord. Many landlords prefer letters dated within the last 6-12 months. Renew your ESA letter annually to avoid disputes.

When should I give my landlord the ESA letter—before or after signing the lease?

Experts recommend giving your landlord the ESA letter early in the housing process, ideally before signing the lease. This avoids surprises and gives the landlord time to understand their legal responsibilities.

What if my landlord threatens eviction because of my ESA?

If your landlord threatens eviction or retaliates against you for asserting your ESA rights, this may constitute housing discrimination under the Fair Housing Act. In such cases, you can:

• Reiterate your rights in writing,
• File a complaint with HUD,
• Contact a local fair housing agency, or
• Seek legal counsel.

Can a landlord ask to speak to my therapist or request my medical records?

No. A landlord may ask for verification from a licensed healthcare provider, but they cannot:

• Contact your healthcare provider without your permission,
• Ask for your full medical history, or
• Demand a detailed explanation of your mental health condition.

Are ESA protections the same in every state?

The Fair Housing Act provides federal protections, but some states and cities have additional tenant rights or processes for ESA accommodation. For example, California’s Unruh Civil Rights Act offers broader anti-discrimination protections, and some states have specific rules for ESA documentation.
Always check your local laws for additional protections or requirements.

Do these rules apply to all housing situations?

Mostly, yes—but there are exceptions. Owner-occupied buildings with four or fewer units and single-family homes rented without a broker may be exempt from some FHA requirements. Also, vacation rentals and hotels are not covered under the Fair Housing Act.