FAQ #4 – What do I do if my landlord rejects my ESA even after I show them my ESA letter?
If your landlord rejects your emotional support animal, you are entitled to know why. You should attempt to get their rejection in writing with as much specificity as possible.
As previously discussed, valid reasons when denying an ESA include having proof the ESA is dangerous or has caused significant property damage. Landlords cannot refuse an ESA simply because they have a no-pets policy or are worried about the potential nuisance an ESA may cause.
Once your landlord has given their reasoning, Fair Housing guidelines require landlords to work in good faith with tenants to resolve any issues.
Under HUD guidelines, a landlord can only deny an ESA that poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the tenant takes to maintain or control the animal. For example, if the landlord’s concern about safety can be addressed by keeping the ESA within a specific space, that option should be explored.
Or, if the landlord has concerns about the ESA letter, you can work with your healthcare professional to fix any mistakes.
If your ESA request gets rejected, be sure to get a clear explanation of why so you can work with the landlord toward a solution.
FAQ #6 – My landlord is requiring me to register my ESA. Can a landlord require ESA registration if I already submitted my ESA letter?
ESA registration is not required by law. This is a common mistake landlords make. They ask the tenant to see a registration, certificate, or ID card for the emotional support animal. The Fair Housing Act only requires an ESA letter signed by a licensed mental health professional that is written on their official letterhead.
ESAs are also not required to wear special vests or tags. While some ESA owners use paraphernalia such as ID cards, vests, and certificates, they do so for convenience. These items cannot qualify your pet as an ESA, and landlords do not have to accept them as proof of ESA status.
FAQ #5 – Can a landlord reject my ESA because it is too young or too old?
In short: Emotional support animals cannot be denied due to their age. Landlords that deny dogs because they are younger and are considered puppies are not following the rules set out by the Fair Housing Act.
With that being said, you are responsible for the actions of your ESA. If your puppy causes damages to the building, you are liable. The key is to clearly explain to your landlord that there are no age requirements for an ESA and that you will be a responsible owner and ensure your ESA, regardless of age, is well behaved.
Legal Update: New Laws Regarding Service & Emotional Support Animals
Living with your ESA is something you genuinely may need. You wake up in the morning feeling the customary emotions you always have, and there your sweet animal is, keeping you company and silently listening to your unsaid worries.
If you live in your own home, it’s probably no issue at all. You clean up after your beloved pet regularly and you have them listen on your home insurance policy (if it’s necessary for your animal’s breed). You like to sleep with it in your room and take it on walks regularly.
However, if you’re a renter, having an ESA can have its own complications. You might need to provide an ESA letter if you have one, and you might need to pay an extra fee if you don’t yet. Furthermore, if you have roommates, there may be other complications.
All this aside, you really do need your emotional support animal. But what if your landlord says that’s not allowed, period? Do they have the right to deny an ESA? Under the laws of the FHA, landlords cannot legally deny emotional support animals unless they are completely unreasonable. They can’t deny housing to a person with any sort of disability, either mental, emotional, or physical. They are required by law to make reasonable accommodations for ESAs. So you may need to go through a business like US Service Animals to prove your ESA is legitimate.
So that’s it, right? You’re good to go? Don’t start getting things ready to move to an apartment in your area just yet. There are still reasons landlords may not allow ESAs in certain apartments, or ESAs with requirements which are not reasonable (they don’t have to build a stable for a horse considered “ESA”).