Emotional support animals (ESAs) are recognized under the Fair Housing Act, shortly known as the FHA, as a reasonable accommodation for people with disabilities, allowing them to live with their animals in areas that otherwise might not allow any pets.
That said, not every request to keep an ESA with you can be approved. Landlords have their own legal rights and can lawfully deny accommodation for an ESA in certain circumstances.
So, when can a landlord legally reject an ESA? There are various reasons, such as when the required documentation is incomplete or the animal poses a direct threat to the health or safety of others. This guide goes through these cases, so you can properly understand your rights and responsibilities.
When Can a Landlord Legally Reject an ESA?
The Fair Housing Act (FHA) requires landlords to make reasonable accommodations for people with disabilities, which includes people who need ESAs to assist with their diagnosed mental or emotional disabilities. You’ll need documentation from a licensed mental health practitioner that proves that the animal provides support to help with your specific issues.
However, there are various cases where a landlord can refuse accommodation of an ESA. These include:
Property Is Exempt From FHA Guidelines
If the property is owned by religious organizations or private clubs, the landlord won’t be legally mandated to abide by ESA laws. The same goes for certain single-family homes rented without a real estate broker involved and owner-occupied homes with four or less units.
You can still ask the landlord to allow your emotional support animal, but in these situations, they are generally not legally required to approve your request.
Lack of Valid ESA Documentation
Landlords need proper documentation from a licensed health care provider or mental health practitioner proving your medical need to keep an ESA with you. Your ESA letter should confirm your issue and explain that the animal provides support relating to that disability.
If you purchase your ESA letter from a fake online source or use a generic internet template that doesn’t have any details about your individual health assessment, your request will most likely be denied.
The ESA Poses a Direct Threat
An ESA can be denied by a landlord if there is clear evidence that it presents a threat to the health and safety of others in the building. For example, if your emotional support dog has bitten a neighbor or engaged in repeated aggressive attacks, there’s a high chance your application will be rejected.
Pay attention to how the landlord manages these situations. Their final decision should be based on your animal’s specific behavior. It shouldn’t be determined by any assumptions about the breed or species.
The ESA Causes Property Damage
If your ESA has a documented history of damaging any sort of property, you might be in trouble. This can include the animal damaging walls or floors, repeatedly urinating indoors, or destroying furniture and fixtures by chewing or scratching. The occasional minor wear and tear is usually not sufficient grounds for denying an ESA.
Refusal to Follow Reasonable Rules
As the owner of your emotional support animal, you’re required to follow reasonable housing rules, like cleaning up after the animal, preventing excessive noise, avoiding damage to common areas, and generally keeping them under control.
If you repeatedly fail to comply with these rules, your landlord might have to take action and revoke your ESA accommodation.
When Can a Landlord Not Legally Reject Your ESA?
First and foremost, landlords can’t reject your ESA for any of the following:
- They’re not a fan of animals.
- They don’t like the particular breed or species of animal you have.
- Other tenants are afraid of animals.
If you believe that your request was denied for any one of these reasons that violate the FHA, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or get in touch with a qualified attorney to better understand your rights.
Know Your Rights in Your Specific Area
Fair housing laws can vary based on federal, state, and local regulations. Your landlord can legally reject an ESA application in cases where the property does not fall under the FHA, your animal is proven to be a threat, or you can’t provide reliable documentation.
Understanding the legal standards applying in your area can help you avoid unnecessary disputes and make sure your rights are protected.
