Moving into a new apartment or house can be stressful, and this stress can increase tenfold if you are a pet owner. Many people with pets consider their animal companions to be part of the family, which is why it can be heartbreaking when countless apartment buildings issue no-pet policies.
Thankfully, the rules are different for emotional support animals (ESAs). Once you have an ESA Letter for Housing, a legal document or “doctors note” that prescribes your ESA as a necessary treatment for your mental or emotional disability, then in most cases, you should be able to move into your apartment complex without a hitch. However, for ESA owners, part of the process of moving into a new apartment involves informing the landlord. When do you need to tell your landlord you have an emotional support animal? Do you need to tell your landlord at all? All of the best practices surrounding ESA etiquette are explained below.
What is the Fair Housing Act? – The FHA was created to protect the housing rights of all people, including individuals with disabilities (such as ESA owners).
Do you have to tell your landlord about your ESA? – It is highly recommended that you tell your landlord about your ESA for several key reasons.
Can your landlord charge extra for your ESA? – Your landlord cannot charge your pet fees, deposits, or surcharges for your ESA, but they can charge you for damages caused by your ESA.
How to qualify for an ESA – If your ESA alleviates one of more symptoms of your mental or emotional disability then you most likely qualify for an ESA.
What is the Fair Housing Act?
The Fair Housing Act (FHA) was passed in 1968 to prevent discrimination and protect the housing rights of all people, including people with mental and emotional disabilities. This act also makes denying housing to any individual due to sex, race, national origin, religion, and other classes, illegal. According to the United States Department of Justice, under the FHA, a disability is defined as a physical or mental impairment that significantly limits a person’s major life activities. Additionally, under the FHA, emotional support animals are not considered pets, but medical tools that serve a necessary purpose.
What are your ESA owner rights under the Fair Housing Act?
Even in apartment complexes with no-pet policies or pet restrictions, housing providers are required to make what is called a “reasonable accommodation” to allow pets who serve as assistance animals to live in the building. Breed and weight restrictions do not apply to assistance or service animals, and emotional support animal owners are not required to pay a pet deposit or any pet fees.
However, the wording of the Fair Housing Act specifically states that the accommodations landlords are legally required to make for tenants with disabilities are to be within reason. As an ESA owner, you can expect that a reasonable accommodation made by your landlord to be allowing your ESA to live in the building, even if there is a no-pet policy. An unreasonable accommodation would be demanding a more expensive unit for you and your ESA, with a balcony and extra space, without paying the extra costs. Additionally, if your ESA is a large animal, such as a horse or a llama, it will most likely be an unreasonable accommodation asking your landlord to accommodate such a large animal in the building.
As an ESA owner, you must provide your landlord with a legitimate ESA Letter for Housing or an emotional support animal letter. This is the only legal document that you must provide your landlord without. You do not need to disclose a medical diagnosis or further certification for your ESA. However, your landlord does have the right to verify the legitimacy of your ESA letter.
Do you have to tell your landlord about your ESA?
It is highly recommended that you tell your landlord about your emotional support animal.
It is always best for tenants to be transparent and honest when moving into a new apartment, which includes conversations regarding your ESA. Having a friendly and well-mannered conversation with your landlord about your emotional support animal will increase your chances of having a positive relationship with your landlord down the line.
Even if you prolong telling your landlord about your ESA until after you sign the lease, you risk the chance that your landlord will feel misled by you, which may harm your long-term professional relationship with your housing provider. Some people fear that by telling their landlord about their emotional support animal, the landlord may reject their housing application. Keep in mind, your landlord is obligated to abide by rules under the Fair Housing Act. Additionally, most landlords are happy to follow these federal laws and also understand the importance of emotional support animals.
When you are ready to inform your landlord about your ESA, you can let them know verbally or in writing (which includes via email). You should also provide your landlord with your ESA Letter for Housing — this is a legal document that your landlord has the right to request.
Lastly, while landlords are required to allow you to keep your ESA under the Fair Housing Act, there are still certain exceptions that give them the right to reject your emotional support animal. Some of the most common reasons that a landlord will reject your ESA are listed below:
- An illegitimate ESA Letter for Housing (if this letter is intentionally or unintentionally invalid, your landlord has the right to reject your ESA Housing).
- If your emotional support animal is dangerous or disruptive (eg. If your emotional support dog is a constant barker or a biter)
- If your ESA has any potential health risks to the other tenants in the building (eg. If any of your neighbors are deathly allergic to your emotional support dog)
- If your landlord causes any financial strain on your landlord (eg. Your ESA consistently causes damage to your apartment unit)
- If your ESA is too large for the accommodation (eg. If your ESA is a llama and you want to live in a studio apartment).
Can your landlord charge extra for your ESA?
Under the Fair Housing Act, housing providers cannot charge their tenants pet fees, deposits, or surcharges for owning an emotional support animal (ESA). For the purpose of FHA rules, ESAs are not considered pets, which means that a building’s general policies regarding pets do not apply to emotional support animals. This means, emotional support animals are exempt from no-pet policies, pet deposits, and any pet-related bans regarding breed, weight, and within reason, size.
That being said, landlords may charge tenants fees for damage an assistance animal causes if it is the landlord’s general practice to charge for damage caused by tenants. Being exempt from pet fees and deposits does not absolve ESA owners from the responsibility for the actions of their ESA. This is one of the reasons why it is also highly encouraged for ESA owners to train their pets to at least be well-mannered, calm, and collected. A landlord is also allowed to deduct damage fees caused by an ESA from the tenant’s standard security deposit.
How to qualify for an ESA
If your emotional support animal can alleviate one or more of the symptoms or effects caused by your mental, emotional, or physical disability, then you will most likely qualify for an ESA. Some of these expected symptom alleviations may lead to:
- Fewer panic attacks or anxious feelings
- Better quality of sleep
- Increased ability to spend time around other people
- Lower stress levels and blood pressure
Individuals suffering from those symptoms may have one or more of the following mental health disorders:
- Severe grief
- Bipolar Disorder
- Certain Phobias
Even if you don’t have one of the listed mental disabilities or any of the symptoms listed above, that does not mean that you don’t qualify for an emotional support animal. Licensed mental health professionals will always recommend emotional support animals on a case-by-case basis.
How to Get an ESA Letter for Housing with Pettable
During the ESA Housing process, there are only certain factors within your control. One of the ways that you can ensure that the process goes as smoothly as possible, is by obtaining a valid ESA Letter for Housing. Many online services can help you with this process, but one of the best options available is Pettable.
Founded by mental health and animal experts, Pettable has built a solid reputation for itself in a short amount of time due to its unparalleled customer support and full money-back guarantee. The customer support team at Pettable is not only readily available and easy to contact, but they are also committed to helping you with your ESA Letter each step of the way. This means that this devoted team will also speak directly with your landlord if you encounter any issues with your ESA Letter. Additionally, if you don’t qualify for an emotional support animal after your therapist consultation, Pettable will provide you with a full refund. To top that off, the process of obtaining an ESA Letter through Pettable is straightforward.
To start, you will complete a short, 3-minute assessment on Pettable’s website. The questionnaire will ask you basic questions about your identity and your ESA if you already have one. This assessment will help Pettable match you with a licensed professional in your state that suits your needs. The best part? The quiz is 100% free.
Consult with an LMHP
After you have been matched with an LMHP, you will complete a consultation with a therapist by phone. The mental health professional will ask you all of the questions they need to confirm whether or not an ESA is a necessary course of treatment for your mental or emotional disability. All of the LMHP’s in Pettable’s network are experts in emotional support animals and ESA Letters for Housing. Therefore, you can rest easy knowing that the letter that you are provided will be fully compliant with federal law.
Receive Your Letter
If your LMHP decides to prescribe you an ESA, then you will receive your letter within 24 hours of your consultation through email. The letter will then be ready to either print or email to your landlord. If your LMHP does not consider you fit for an ESA, then you will receive a full refund.