When Can a Landlord Legally Reject an ESA?

Emotional support animals, or ESAs, are therapeutic companions who provide immeasurable comfort and security to individuals experiencing mental or emotional difficulties.

While ESAs do not receive the same legal rights service dogs receive, they are entitled to housing rights under the Fair Housing Act (FHA). This federal law grants ESAs exemption from no-pet policies and pet-related fees in rental properties throughout the US.

However, there are some circumstances where these housing rights can be denied. Below, we’ll discuss when a landlord can legally reject an ESA to ensure you’re fully informed as an ESA owner.

What Is an Emotional Support Animal?

An emotional support animal is an animal that helps to improve the lives of people with mental health disabilities through their physical presence. They do not perform trained tasks like service dogs. However, the companionship, security, and love they provide can help alleviate symptoms significantly.

Any animal can become classified as an ESA, including dogs, cats, rabbits, hamsters, birds, and even reptiles. There are also no size, age, or breed restrictions.

ESA Housing Protections: The Fair Housing Act

Emotional support animals aren’t regarded as working dogs because they are not required to undergo training to perform their role. Due to this, they are not protected under the Americans with Disabilities Act (ADA) and do not receive privileges like public access rights.

However, the Fair Housing Act federal law is one of the few laws that recognizes the invaluable role ESAs have and does grant them housing privileges at a statewide level.

Under the FHA, ESAs are entitled to the following legal rights:

• The right to live with their owners in virtually all rental properties, regardless of the landlord’s policy on pets
• Exemption from typical pet-related fees, such as pet rent or pet security deposits

A landlord is legally allowed to reject your ESA in certain circumstances. Fortunately, almost all of these instances can be prevented, provided you keep your ESA under control and obtain appropriate documentation.

Your ESA Causes Disruption or Endangers Others

A landlord is within their rights to deny an ESA if they exhibit aggressive or unruly behavior that endangers the lives of others living at the premises. This is why it’s vital you take the time to train your emotional support animal and keep them under your control at all times — even if training isn’t a legal requirement for ESAs.

An ESA that causes disruption, such as excessive barking or soiling communal areas, may also be denied their rights, especially if other tenants living at the premises put forward complaints.

Your ESA Causes an Undue Hardship

If accommodating your ESA would pose a significant undue hardship or financial burden on the landlord, they are within their rights to deny your ESA housing. As an example, a landlord may refuse to accommodate certain ESA species because it wouldn’t be feasible, practical, or safe for these species to live within the premises.

However, be mindful that this typically only applies in exceptional circumstances. As long as your ESA can comfortably live within the premises, and they’re well-trained and aren’t disruptive, a landlord would find it difficult to prove that they cause an undue hardship.

Your ESA Causes Property Damage

An ESA that causes significant property damage, such as tearing up furniture or scratching walls, can be denied their rights. This is particularly the case if the landlord has communicated their concerns and you haven’t taken measures to rectify your emotional support animal’s behavior.

The Property Type Is Exempt

Certain property types are exempt from the FHA and are not legally obligated to accommodate ESAs. This means that if you’re looking for housing in one of these property types, it would be up to the landlord’s discretion. Exempt property types include:

• Owner-occupied buildings with four or fewer units, if the owner lives in one of the units
• Single-family housing sold or rented without the use of a broker, provided the owner does not own more than three single-family homes
• Private clubs and religious organizations are within their rights to give priority to members

You Do Not Have a Valid ESA Letter

You are only entitled to housing protection under the FHA if you have a valid ESA letter.

This documentation, which states you have a diagnosed disability and have been officially prescribed an ESA as part of your treatment plan, can only be obtained after an assessment with a licensed mental healthcare professional (LMHP)

Without an ESA letter, your ESA will not be protected under the eyes of the law, regardless of how much support they provide you.

Get an ESA Letter Today

Getting a valid ESA letter is crucial if you wish to benefit from the housing protections outlined in the FHA. You can learn more about ESA letters and whether you qualify, by getting in touch with a LMHP who is licensed to practice in your area.

While the ESA letter process can be time-consuming, getting your ESA legally recognized is worth the effort involved. It ensures your animal will be able to live with you in most rental properties, provided they’re also well-trained and housebroken.