So, when can a landlord legally reject an ESA? Under the FHA, landlords can only deny an ESA request if you lack valid documentation or there is an issue with the emotional support animal, such as poor behavior.
An emotional support animal (ESA) is protected under the Fair Housing Act (FHA), so it can be hard for landlords to reject them. While this may be the case, that doesn’t mean it’s impossible.
This poses an interesting question: “When can a landlord legally reject an ESA?” Ultimately, if valid documentation hasn’t been obtained or the ESA is harming others or damaging property, a landlord may legally reject that ESA. Stick around to learn more about ESAs and their housing protections.
Emotional Support Animals Explained
Emotional support animals are not recognized as pets under the FHA. This is because they help people manage mental health disorders like depression and anxiety.
That said, ESAs only provide support through their presence and companionship. They do not require special training and are not service animals, so they are not protected under the Americans with Disabilities Act (ADA).
Therefore, there’s a gray area with them, and the good news is that this area is clearest when it comes to housing, thanks to the FHA.
Can a Landlord Legally Reject an ESA?
According to the Fair Housing Act, landlords must offer reasonable accommodations for people who have legitimate ESAs. This stays the case even if they typically have no-pet policies.
However, we wrote “reasonably” for a reason. If your request results in a burden or is simply not feasible — imagine a massive Great Dane in a tiny studio apartment — a landlord can legally deny your request. Moreover, landlords can also legally deny ESAs if they’re causing problems on their property.
It’s worth noting that the burden must be significant. More often than not, adjustments can be made to solve the concern. For instance, if another tenant has a dog allergy or fear of animals, an easy accommodation would be renting you a room on the other side of the apartment block.
Can a Landlord Legally Reject a Service Animal?
Now, if you have a service dog that helps with a physical or mental disability, you may be wondering if landlords can legally deny them. Typically, landlords can’t deny service animals unless they’re too large for a space or cause issues for other tenants. Therefore, the rules are similar to ESAs.
The key difference is that service animals have public access protections due to the ADA. This means service animals can accompany people in other areas of the building without issues. ESAs, on the other hand, can’t.
When Can a Landlord Legally Deny an ESA? The Big Three
Landlords can only deny an ESA if they have a good reason for it, especially if they want to do so legally. Certain property types are exempt from the FHA, but these are far and few in the rental market and aren’t likely to apply.
We cover the most common reasons a landlord can deny your ESA in detail below.
Invalid Documents
If you don’t have an ESA letter for your emotional support animal, there’s a good chance that your landlord will deny the housing request. For this reason, you need to make sure you have a legitimate ESA letter, and websites like Emotional Support Animal will help you connect with a licensed mental health professional (LMHP) in your state via telehealth.
We also recommend avoiding scam websites and methods that lead to fake letters; this can result in more legal hassle than it’s worth. Signs of scams include no calls with LMHPs, instant approval, and quality issues with the letter.
Causing Problems With Other Tenants
When you live in an apartment building that has multiple tenants, you need to ensure that your ESA is friendly, quiet, and peaceful. If other tenants complain to your landlord about your ESA, especially if they’re violent and harm someone, landlords can deny your housing request.
Property Damage
When an ESA causes property damage beyond typical wear and tear, like damaging hardwood floors with urine, you’ll find that your ESA privileges may be revoked. That said, some landlords may be more lenient than others. Offering to pay for damages may help your case.
When Can a Landlord Legally Deny an ESA: The Verdict
So, when can a landlord legally reject an ESA? Under the FHA, landlords can only deny an ESA request if you lack valid documentation or there is an issue with the emotional support animal, such as poor behavior.
If you’ve been unfairly denied your rights, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
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