How Do Landlords Verify an ESA Letter? A Complete Guide for Renters and Property Managers

Landlords have pet policies in place to protect their property from possible damage from animals. However, when a person requests accommodations for emotional support animals, landlords must make reasonable accommodations for them. Landlords can ask for documentation in the form of an ESA letter that proves the person's need for an emotional support animal (ESA).

However, the prevalence of fake ESA letters sold online poses a significant challenge for landlords. These letters are used to avoid pet fees by individuals who do not actually have a mental health condition. This situation puts landlords in a tough spot. They want to accommodate tenants who genuinely need an ESA but must be cautious of those with fake ESA letters. Landlords want to protect their property and uphold policies without violating anyone's privacy rights.

While tenants have the right to request accommodation for their emotional support animals, landlords are allowed to verify the validity of the ESA letter. So, how do landlords verify an ESA letter? This article will cover how to verify an ESA letter so landlords can avoid legal issues and deny fake ESA letter requests. 

It's important to note that rejecting a valid ESA letter can lead to legal consequences, so accurate verification is crucial. Then, when presented with an authentic ESA letter, you'll know what to look for to accommodate tenants needing an ESA.

Can a Landlord Verify an ESA Letter?

Tenants with emotional support animals can request to live with them, and landlords can ask for an ESA letter as proof. But can a landlord verify an ESA letter to ensure its authenticity? The answer is yes. A landlord has the right to verify an ESA letter. Let's go over the legal rights of landlords according to the law.

Legal Rights of Landlords

The Fair Housing Act (FHA) provides unique rights to landlords regarding ESA accommodation requests. When it comes to ESA letters, landlords have the right of verification. So, when a landlord receives a request for an ESA accommodation, they are allowed to verify the request by first asking for an ESA letter for housing. This ESA letter is a written document by a mental health professional recommending an ESA for a person with a mental health condition to provide symptom relief.

Under the FHA, landlords have the right to verify the legitimacy of an ESA letter. They must be careful not to infringe on the tenant's rights in any way. 

They cannot ask for any details about the tenant's mental health condition or disability. However, they are allowed to confirm the letter's authenticity. This ESA letter is the only document landlords are allowed to ask for. Specific details must be included in an ESA letter for it to be valid. Let's take a closer look at how landlords verify ESA letters.

How Do Landlords Verify an ESA Letter?

First, landlords can ask for documentation when potential tenants request accommodations for an emotional support animal. This particular document is an ESA letter. The growing interest in emotional support animals has led to an increase in companies selling fake ESA letters, creating challenges for landlords.

Of course, you want to accommodate your potential tenant's request for an ESA while ensuring it's valid. So, how do landlords verify ESA letters? Let's examine some of the information landlords should look for to ensure the validity of the ESA letter.

Confirm the Professional's Credentials

The first thing a landlord should look for to verify an ESA letter is that it is written by a licensed mental health practitioner (LMHP). For example, if a veterinarian or a life coach wrote the letter, it would not be a legitimate ESA letter. An LMHP must write an ESA letter. Once you've established that the letter is, in fact, written by an appropriate professional, you need to verify the LMHP's credentials.

Landlords can take some steps to verify ESA letters and the LMHP who writes them. First, you'll want to look up the provider's name and license number in the state's medical or professional licensing database. Then, you will want to contact the professional's office to confirm that they issued the letter. 

It's always a good idea to ask the potential tenant if you can contact the LMHP directly before you call. After the LMHP confirms that they have written the ESA letter, you can continue with the rest of the verification process.

Look for Key Details in the Letter

There are some very crucial details that should be included in every legitimate ESA letter. A valid ESA letter should include the following information:

• The contact details of the professional are listed on official letterhead, including their license number and signature.
• The patient's name and a statement that says that they have a mental health disorder that is recognized by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM5). The specific diagnosis doesn't need to be disclosed.
• Details about the emotional support animal and how they help to alleviate at least one symptom of the mental health condition.
• A reference to the law, such as the Fair Housing Act.

Remember, fake ESA letters often leave out one or more of these crucial details. Therefore, it's best to always check for impertinent details before accepting or denying an ESA letter.

Red Flags of a Fraudulent ESA Letter

Emotional support animals can really change the lives of their owners. Unfortunately, people take advantage of this fact and use fake ESA letters to try to avoid pet fees and trick their landlords. However, fake ESA letters are easy to spot if you know what you are looking for. Let's look at the red flags of ESA letter fraud.

No professional license number

Learning how to verify an ESA letter is easy when you know what to check for. So, a big red flag on an ESA letter is that a licensed mental health practitioner didn’t write it. A professional ESA letter will be written on professional letterhead and have the signature and licensing number of the LMHP who wrote it. So if there's no licensing number or the credentials seem suspicious, then it's fake. 

Remember, a legitimate ESA letter should have contact information for the professional writing the letter, and they have to be licensed to practice in the state where the tenant is requesting accommodation.

Generic Template

ESA letters must include details about the person with the mental health condition and their animal. The letter should feel personalized about the tenant's unique condition and the ESA's role in alleviating their symptoms. If the ESA letter in question does not have any information about the tenant's mental health condition or animal, then it's not a legitimate ESA letter. There are plenty of generic templates online that people may try to use as an official ESA letter, and if you receive one that doesn't include enough personal information, then it's probably a fake.

ESA letter comes from online services without consultations

Many ESA letters issued online without any consultation or interaction with a professional LMHP are fraudulent. For an ESA letter to be legal, it must include certain criteria. An LMHP must evaluate and diagnose the person with a qualifying mental health condition. Then, the letter must state that the LMHP recommends an ESA as part of the person's mental health treatment plan.

If the ESA letter uses inconsistent terms, like calling ESAs service animals, it is not valid. Service animals and ESAs are not the same. So, if service animals, therapy animals, and emotional support animals are all used interchangeably, then it is a fraudulent ESA letter.

If you see anything in the ESA letter that mentions ESA certification or registry, it's a fake ESA letter. ESAs do not have to be registered, and there is no certification process.

No Diagnosis Statement

For an ESA letter to be valid, it must mention the potential tenant's mental health condition. The letter should mention that the LMHP treats the person with a mental health issue recognized by the DSM5 and recommends an ESA as part of the treatment plan. The letter does not have to go into detail about the person's actual diagnosis. However, some basic information needs to be included in order for it to be a legitimate ESA letter.

Remember, for landlords to verify the legitimacy of an ESA letter, an LMHP must include their signature, issue date, contact information, and licensing number. If any of this information is missing, then the ESA letter is not authentic.

What Landlords Can and Cannot Ask When Verifying an ESA Letter

As a landlord, you may be wondering how apartments verify ESA letters. You want to make sure that you respect your tenants and their rights, but you also want to ensure that you are not a recipient of a fraudulent ESA letter. So, let's take a close look at what landlords can and cannot ask about ESA letters so you can learn more.

What You Can Ask

What can you ask your tenant as a landlord verifying an ESA letter? Landlords may request an ESA letter and confirm it is written by a licensed mental health professional. They are also allowed to ask if the letter applies to a current medical condition. 

You can confirm the professional's credentials and verify the legitimacy of the ESA letter. You can verify the LMHP by looking at the state's website for their clinical practice and searching for their licensing number. If a landlord wishes to contact the LMHP, they should get permission from the tenant first, or they may violate the Fair Housing Act and HIPAA privacy laws.

Landlords are allowed to ask about the animals' behavior. They can also ask about veterinary records.

What You Cannot Ask

When verifying an ESA letter, landlords must be extra careful not to violate tenants' rights. For example, HUD clearly states that landlords cannot request information about tenants' diagnoses, disabilities, or specific conditions. Landlords are prohibited from asking questions about private mental health details or the tenant's treatment or medical history.

Landlords are also not allowed to ask for any extra documentation, such as medical records, or have the tenant fill out any forms other than the ESA letter. If a landlord has requested the ESA letter, they are not allowed to ask for anything else, including certifications or registrations about the emotional support animal.

A good rule of thumb is that if you are concerned about the legitimacy of an ESA letter, you should ask basic yes-or-no questions to verify its authenticity. 

How Do Apartments Verify an ESA Letter?

So, how do apartments verify an ESA letter? In apartment complexes, an apartment manager or leasing agent is responsible for verifying ESA letters. Apartment complexes typically follow the same process as individual landlords but may have standardized procedures in place. Some of the bigger apartment complexes may have their own legal departments that handle the verification process to ensure compliance with the Fair Housing Act.

If everything checks out, the apartment will make reasonable accommodations and allow the tenant to live with their ESA fee-free.

FAQs

Let's explore some FAQs about ESA letters, such as: "Can a landlord verify an ESA letter online?" and "How do I verify an ESA letter?"

Can landlords deny an ESA letter?

Yes, there are circumstances when a landlord can deny an ESA. However, they must be in accordance with the Fair Housing Act. First off, if an ESA letter is fraudulent, then the landlord can obviously deny the letter. Other circumstances where a landlord can deny an ESA letter include:

• The ESA poses a threat to the safety or health of others.
• The ESA would cause physical damage to the property.
• Accommodating the ESA would cause undue financial burden.
• The ESA's size or type is not safe for the size of the unit. i.e., a miniature horse in a studio apartment. (ESAs are exempt from breed or size restrictions)

What happens if a landlord suspects the ESA letter is fake?

If a landlord suspects an ESA letter is fake, they should first check for any red flags or missing information. Next, they should find the licensed mental health practitioner's license number and look into the state's database to determine whether the practitioner has a license to practice. Then, they could still ask the healthcare professional if they wrote the ESA letter.

How can landlords verify ESA letters online?

A landlord can verify the ESA letter online by looking up the licensed mental health practitioner's license number. Landlords can search the state's online medical database for the LMHP's number. If they are a practicing professional in the state, landlords can always ask if the mental health professional wrote the ESA letter in question.

Are online ESA letters valid?

Yes, many online ESA letters are valid if a licensed mental health practitioner issues them. The mental health professional must evaluate the patient through a reputable online service provider like Pettable.

Can landlords charge a pet fee for emotional support animals?

No, a landlord can not charge a pet fee for emotional support animals (ESAs) because they are not considered pets according to the Fair Housing Act. An ESA is medically necessary, and landlords can not charge fees or increase rent because of an emotional support animal.

Conclusion

Landlords can request an ESA letter when verifying a request for an emotional support animal. They have the right to verify this letter by researching the credentials of the licensed healthcare provider who issued it. Landlords can also contact the professional to ensure they wrote the letter.

The Fair Housing Act allows landlords to verify the legitimacy of an ESA letter while respecting tenants' privacy rights. It's essential to respect your tenants' rights, so remember not to ask them or their healthcare providers questions about their mental health. However, you do have the right to verify the legitimacy of the letter.

A proper, legal verification process benefits both tenants and landlords and ensures compliance with the Fair Housing Act. This is why it is very important to familiarize yourself with the Fair Housing Act so everyone knows their rights.

If you are looking for a legitimate ESA letter to provide to your landlord to ensure you and your ESA can live happily together, Pettable can help! Take our short survey to obtain a legal ESA letter today.