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What to Do if Your Landlord Does Not Accept Your Emotional Support Animal

When seeking rented accommodation, it is not uncommon to find that landlords or housing providers have imposed a ‘no pets’ policy as part of their agreement. This is usually due to many factors such as noise, potential damage to their property, or simply due to insurance restrictions. While the majority of renters have to abide by this policy, there are some situations where individuals are allowed to keep animals in accommodation where a ‘no pet’ policy is imposed.
The Americans with Disabilities Act (ADA) states that disabled persons may live in accommodation with their service animals, even where pets are not usually allowed. This is because service animals are extremely well behaved due to their extensive training, and are not considered as pets. As emotional support animals are prescribed to individuals as a therapeutic treatment for their psychological disorders, some landlords will allow them to live with their owners despite a ‘no pet’ policy, but they are not always obliged to, and will not always allow this. So what can you do if your landlord does not accept your emotional support animal?
Emotional Support Animals Do Not Have the Same Rights as Service Animals
Animals have long been used to medically assist humans with various needs, such as a service dog to aid a blind or visually impaired person with navigation and protection, or an emotional support animal to provide affection and companionship as part of a treatment plan for anxiety issues. These animals both provide a similar service, but are not regarded equally in the eyes of the law.
Service animals are trained specifically to assist with an individual’s disability and are recognized by the ADA. Emotional support animals, however, are not ADA approved animals and therefore are not exempt from certain restrictions such as access to public places or private establishments in the same way that service animals are.
While applying to rent private accommodation with a ‘no pets’ policy can be a relatively straightforward process for owners of service animals due to the ADA, the same process can be a little more tricky for people with emotional support animals. Not to worry though! The Fair Housing Act protects owners of emotional support animals to live with their ESA in most housing situations.
Some landlords may be okay with Emotional Support Animals, and some might not
Because landlords are not obliged to accept emotional support animals when processing your application in the same way they have to with service dogs, you may have to accept that some accommodation may be off limits to you if you do not have documentation or an ESA letter from a licensed therapist.
Whether you already have an emotional support animal and are seeking new accommodation, or already live in accommodation with a ‘no pet’ policy and have been assigned an emotional support animal, you may face a few barriers regarding your application. Please continue reading to find out how to protect yourself from uninformed landlords.
How Can I Get an ESA Letter Online?
What to do if my Landlord says “NO” to my Emotional Support Animal?
If you provide the correct documentation from a licensed therapist and your landlord is still insistent about not allowing your ESA, you have a few options.
- You can contact the HUD and file a complaint
- You can contact a lawyer and have them write a strongly worded letter to your landlord
- You can contact an ESA advocate that will point you in the right direction
All hope is not lost thanks to the Fair Housing Act (FHA)
When can apartments not allow my emotional support animal? There are certain circumstances where landlords are not obliged to accept Emotional Support Animals, such as:
- Buildings that have four or fewer dwellings of which the landlord is the occupant of one
- Single family accommodation rented or sold without a real estate broker
Thankfully, an accommodation that does not fall under these categories are not imposed by such restrictions and must consider all service animal or emotional support animal applications.
While service animals are looked upon more favorably in these circumstances, the fact that emotional support animals are technically not pets goes a long way when a landlord processes your application.
Should your landlord decide not to accept your emotional support animal, and if your accommodation doesn’t come under one of the above categories, then you should provide them with a letter from a licenced mental health professional, which, under the Fair Housing Act, should be sufficient proof of your need for an emotional support animal for your application.
If for any reason you are unable to obtain a letter from a licensed mental health professional, there are many services available to provide sufficient proof after a successful assessment. One such service is ESA Doctors who can determine your eligibility for an emotional support animal.
Although applying for an apartment is usually a straightforward process for individuals with emotional support animals, without the need to jump through hoops to be allowed to live with their animal, sometimes the process can be a little trickier than it ought to be. By providing a letter from a licensed mental health professional such as your psychologist, therapist or psychiatrist which verifies your need for an ESA, you should have little problem making a successful application under the Fair Housing Act.
See if you qualify for an emotional support animal.
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Hi there I’m about to be getting a Low Income Housing quadplex unit. They say that I can have a pet up to 20 lbs. If I get a ESA, will I still be limited to only having a 20 lb dog?
Emotional support animals are not subject to normal pet restrictions, including limitations on weight. If you have a valid ESA letter from a licensed healthcare professional, your housing provider can’t limit the size of your ESA. You may find this article on what to do if your landlord denies your ESA interesting https://www.servicedogcertifications.org/landlord-does-not-accept-emotional-support-animal/
PLEASE READ THESE COMMONLY ASKED QUESTIONS:
Emotional Support Animal and Landlord FAQ
Can a landlord refuse an emotional support dog based on breed?
No, emotional support dogs can be any type of breed and are exempt from breed or weight discrimination.
Can a landlord charge a pet deposit for an emotional support animal?
No, landlords may not charge additional rent or demand a pet deposit for emotional support animals.
Can a landlord ask for proof for my emotional support animal?
Yes, a landlord may ask you for an ESA letter from a licensed mental health professional.
Can my landlord ask me to register or provide registration proof for my ESA?
No, registration is not required for emotional support animals.
Do I have to disclose my disability to my apartment manager or landlord?
No, you do not have to disclose any medical information to your landlord.
Do I have to let my apartment management company and landlord know that I have an ESA prior to signing a lease?
No, you may let your apartment management company know before OR after you sign your lease.
My landlord still asked for registration on my ESA even though I showed them the ESA letter from my doctor..
What if the rent is a month to month lease rather then a lease term?
If I get a ESA can my landlord evict me?
Even if I provide correct documentation
I live in HUD housing in fresno,Ca.Today I was given a 3 day notice cause some tenant told that I have a dog and in poop’s and I don’t pick up.The neighbor has 2 huge Pit Bulls that he lets out every morning and I see them poop outside all the time and no one is telling on him.I have a Emotional support letter but according to the lease I can’t have pets no exceptions, what can I do my dog has separation anxiety and if I give him away he probably will stop eating and die.Im so sad😕
The ESA letter will protect you from normal lease restrictions such as “no pets”. If they don’t accept your ESA letter, you can file a complaint with HUD. Do not let them bully you. The law gives you and your dog a lot of protection. Do not give your dog away.. you are correct that you can have a dog with a letter. Please keep reading these articles and you will see you are fine. And if not, file a complaint. Your landlord will not want the trouble of being investigated and discriminating against people with a disability (and having an ESA letter).
I have an ESA letter from my licensed therapist, but my landlord is “contacting his lawyer” and is requiring that all parties on the least sign to the liability of the animal. is this legal?
So I have rented an apartment for 8 months now and my registered ESA is on my lease. All of the sudden my landlords boss (property owner) called me and wants a doctors note now. I live in Idaho and I am having a hard time figuring out weather she can Even legally ask me for that or not.. anyone have any insight to this matter would be greatly appreciated As I am at a loss and do not have money for a lawyer
From what I have researched, they can legally ask, but they can’t refuse as long as you have the documentation.
I submitted my ESA letter to my landlord and she said since my name is not on the lease, I cannot be accommodated. My name is in the lease as a tenant, just not on it as the main person who handles everything. Only my boyfriend is on it. Is this true that she can deny my ESA for this reason?
If I am applying to a new apartment but it says it has a no pet policy, do I have to tell them I have an ESA in my application? Yes legally they have to give me a fair chance but aren’t they just going to accept at a candidate who doesn’t have a pet? It feels wrong to lie about it and then once accepted say by the way I have an ESA, but it feels like I wont have a chance if Im upfront in the beginning. Anyone have advice on how to go about it?
I’m looking for a place that will accept my animal and nobody will give him a chance
I was denied earlier after telling the landlord I have an ESA, they emailed me and said “ We are only required to accept Virginia Certified Service Dogs” which is a lie. My lawyer has already been contacted. I’m struggling daily to live and these people are adding stress on me? I’m sorry but that’s not right.
If I were in your situation I wouldn’t even tell them.
I am currently renting out a room in a house. I asked my landlord if I was able to get an esa and they denied, their reasoning was ” Rejecting a Tenant With an Emotional Support Animal
There are certain times when a landlord may be exempt from renting to a tenant with an emotional support animal. These include:
Buildings with four units or less where one of the units is owner-occupied
Single-family homes that were rented out without using a realtor. The owner of the home cannot own more than three single-family homes.
continued… I suffer from PTSD and having an esa would help me greatly and I even have a diagnosis and can get a letter from my licensed therapist, is there anything I can do to have them accept a possible esa for myself
I am trying to get my dog to become an emotional support dog for my 9 yr old son who has ADHA and other disabilities she is a Staffordshire mix and the manager of my apartment keeps telling me that it doesnt matter because no pets allowed in my lease.. I will be getting a letter from my dr but all i am told by her is not to waste my time. What is my next step?
An ESA isnt legally considered a “pet” therefore their No pet policy does not apply. Also by Federal law they have to make reasonable accommodations for your ESA
Moved into an apartment with my girlfriend. I own two dogs and she is eligible for an ESA. I talked with my leasing office at the complex and they said they have a strict two pet rule. Does an emotional support dog count towards a pet limit?
Emotional support animals are not subject to normal pet restrictions, including limitations on weight. If you have a valid ESA letter from a licensed healthcare professional your housing provider can’t limit the size of your ESA.
I rent a room out of my home. I’m still living in said home. My tenant has 2 cats and a hedgehog that she keeps in a 10×11 room. Now she wants to add a German sheared as an ESA animal. I dont have a large home. So Your telling me I have to allow this dog in my home bc its the law?
No, there are exceptions to the law (look it up, the literature is easy to find online). Because you are renting a room in a house and live there yourself, you don’t have to accept any animals. Good luck!
My wife and I are trying to get an ESA in our apartment on college campus. We have been told this process will likely take 4 months and we have to have the animal chosen before we can start. We can’t have it in our housing though. They expect us to put this animal in housing off-campus for 4 months while we do this. Is this legal? We can’t afford to do that and I don’t want to pay for that.
No. You don’t have to keep the animal off site for 4 months.
You present them with the paperwork and because of the fair housing act, they have to take it (there are exclusions to the law, like if the landlord lives on the property and has less than 4 rentals).
If they discriminate in any way, get a lawyer to contact them.
When can apartments not allow my emotional support animal? There are certain circumstances where landlords are not obliged to accept Emotional Support Animals, such as:
Buildings that have four or fewer dwellings of which the landlord is the occupant of one
Single family accommodation rented or sold without a real estate broker
As per what was written in this article. No you do not need to allow her to get an ESA. You rent a room which you live in the house it is rented.
I bought a manufacted home in a 55 and older community. Can the property landlord disregard my ESA?
Contract? What did you say you would allow? We are in the process of fixing up a rental and we will be VERY specific on whether pets are allowed. Our home owners are very specific on what breed of dog we have to get homeowners on our personal home for liability reasons. So I would never even think about renting to anyone that went behind our backs and brought in any animal that was not agreed upon in the lease. Good luck.
Sounds like youd be in court if that is your outlook. ESA’s are not pets so they do not need to be disclosed on the application. And someone talking to their mental health professional and getting a prescription for an ESA is hardly going behind anyone’s back. It is no different than going to your PCP and them writing you a anti-anxiety or antidepressant prescription. Because that’s what an ESA letter is… a prescription. Tenants are not required to discuss their medical diagnoses or appointments with their landlord or inform them they are discussing an emotional support animal… they are only required to provide you with the ESA letter/prescription so that you can make reasonable accommodations, same as if a tenant lost their legs and needed a wheelchair ramp installed. Is the tenant brought you a DME for a wheelchair ramp put in would that be going behind your back? Like they just decided to be disabled to spite you? Disgusting outlook…
Sounds like if you rent the room and live in the house, you do not have to accept the ESA.
My son has an esa dog for several different reasons. My landlord is saying we have to get rid of his dog because their insurance does not allow pitbulls. Everything i have read says as long as hes not a danger to anyone on the property the landlord has to allow him! I have a letter from my sons therapist and can get at least ten letters stating that our dog is of no threat he has never harmed anyone and is ALWAYS on leash when out doors. How can i fight this? What Utah documentation can i get to prove that they can not force us to get rid of his dog? Who can i reach out to,to back us on this?
I am currently trying to get an ESA. I have the appropriate letter and just emailed my landlord. When I moved in my landlord had me sign a paper stating I would never have a support or emotional animal of any kind or I would have to move and pay 998,000$ (yes that many zeros). To me that’s the same thing as denying an ESA which, except for specific rules which do not apply here, would be against the FHA. is that correct? or is signing that before I moved in mean I cant have an ESA?
Contact a Fair Housing Office in your local community to help. You can search HUD.Gov for a list of agencies who can help!
ESA’s can be a lifesaver. What you honorable people need to do is spend the necessary resources to make sure your ESA is NOT a pet and does not behave as such. Make sure it is properly trained and quiet except in emergency. Spend time daily working with your ESA so that no one can ever deny that it is VERY well behaved and definitely does specific work for you that is evident. Then, as people who feel they are discriminated against, create a respectful marketing campaign to prove to society that your ESA’s are a necessary and beneficial part of society. Get the lobbiests and attornies out of the picture. Hold people who are abusing the system with pets in rental housing accountable, so they quit ruining your reputation. Maybe start a notforprofit and have TV commercials made showing the proper behavior and role of an ESA. There is a difference and it’s time the general public sees it. Landlords need to see it to. They’ve had the wool pulled over their eyes by too many unsavory characters who have pets who destroy their properties and pretend to be legitimate ESAs. They’ve had other tenants move out and quit paying rent because it appears some of the tenants are allowed PETS . It’s time for those of you with legitimate ESAs to be part of the solution and get rid of those who are the problem.
I’m moving into a place in a few days, my daughter & I went through the first phase of the ESA application. The rental company verified the need for one with my daughters psychiatrist..I get a email today titled Phase II of application that has forms for a veterinarian to fill out (they want it filled out to verify rabies and distemper shots)..we don’t have a regular vet for her ES Cat & have never brought it in for shots in the 6 yrs my daughter has owned her, this is something my daughter refuses to have done. The cat was spayed in 2016 for ES reasons. Can the rental company deny her ESA?
Whoever wrote this needs to actually know the law on emotional support animal. Landlords cannot make you get rid of your emotional support animal, it’s a federal law.
Im so releaved to hear that. I just got my letter today but already had my puppies. The landlord came over and saw her and told me I had to get rid of her. I let her stay with my sister while I was waiting to see the doctor. Will everything be ok now. Thank you for listening, I’ve truelly been a mess without her.
Hahahah I am glad the landlord is standing up for themselves you should have to pay it law or not
I have my letter from my doctor, my esa is a 40 pound Carolina dog. The landlord is trying to tell me that, even with my documentation, they can deny my esa if a neighbor says the dog scares them. Just by looks, they used the example “if you had a pit bull and your neighbor was afraid of them we couldn’t allow it”. My dog has never even barked, let alone shown any aggression of any kind. Are they allowed to deny her for this reason?
No they can’t. Get a lawyer and sue
I have ESA letter and a registered pet. Because I had to move into my son’s rented trailer the landlord is not allowing me to have my pet. He is putting me on lease but doesn’t want my dog. He said he would evict. I suffer from PTSD depression and anxiety and my dog is my lifesaver. I am heartbroken as we are separated right now so I don’t get my son evicted. What can I do? I am 65 years old.
My sister is my landlord and doesn’t allow dog I have fair housing working on it billy she says she doesn’t give a shit about my mental health I can’t afford to move
Hi I have two ESA dogs with the right paper work from a licensed doctor. My apartment complex is allowing 1 of them but it telling me to get rid of the other. As well as asking me for vet paperwork for rabies and what not. Is this legal? I know in fair housing it does not give a limit on how many ESA’s I can have. Plus they are small twin Maltese’s. I think it’s within reason. Can anyone help me out?
I live in a Condo and there’a No dog rule in the pool area. It just so happens that the mail box is also in the pool area. so to get my mail daily (which the HOA requires) so when i get my mail with my dog, i get threats from the HOA for bringing my dog into the pool area.
Do I have to pay a pet fee for my ESA? The building owners in my place are saying that they dont believe in “emotional support animals” and are saying that I have to pay the fee. PLEASE HELP!
No, you should be exempt from all fees with an emotional support animal. It is illegal for them to charge you fees for having an ESA.
That’s not true. There’s no law stating how many esa you can have. Look up under…. esa laws
Is my ESA letter also valid if I show it to my landlord AFTER he found out I have an dog, or does my dog lose ESA status if I don’t tell my landlord until he finds out. My landlord is never around, so chances are small for him to find out. I did say in an email and phone call that I am not allowed to have a dog. Even if I had an ESA letter, he would not allow it, I know that. And I don’t want to spend lots of money for a lawyer and don’t want to be kicked out of my apartment.
If not telling him is not an option, can I send him the ESA letter before I get a dog? I don’t want to buy a dog, then my landlord denies it and then have to give back the dog.
(Location: CA) My husband contacted our landlord and showed her my ESA letter. Which she accepted. My landlord says it’s alright to have a dog but our dog has to be 10 lbs or less… I have a small puppy beagle who will not get any bigger than 25 lbs. we also have to pay a one-time fee of $300. Can the landlord do this? And deny the size, weight, and gender of our dog?
No they can’t charge you any fee or say the dog has to be under 10lbs. They also can’t tell you the dog has to be a certain gender or breed. That they Can get in trouble for.
My leasing office finally said I can have my ESA and he is being trained as a service dog, but they also said it can’t be the one I currently have because other tenants are scared of him! I have had him for 9 months.
Is this legal?
Yes. Totally legit depending on the state in which you reside. A trained service animal is NEVER confused with a scary pet based on its attentive behavior to it’s owner. The behavior a a working animal is above reproach.
I live in an apartment and I have an ESA pet. I have anxiety issues but instead of meds I prefer a natural solution. I gave the realtors my ESA certifications because the landlord says no pets allowed. Well I got something in the mail that says because it’s an online letter that they declined it. They’ve also stated that it’s not acceptable in online nor out of state form. Is that even legal? I’m active duty and my job is stressful enough. I’d like to come home to something that’s much more of a stress relief than let my work consume me even at home.
My apologies I live in a townhome. I’m so used to saying apartment.
If your dogs are barking too much then they can still deny them even with an ESA letter. You need to stop your dogs from barking excessively, then you have nothing to worry about.
go buy a house, no more rent, no more restrictions.
Not true at all! Read the articles here!
I’m thinking of moving in with my boyfriend. The apartment he lives in has a no pets policy. I have ptsd. My name is not on the lease. Can he deny my dog even if I can provide the paperwork needed?
I have provided a copy of the script from my son’s therapist office in 2017 for my son to have our dog. They are now requiring yet another prescription form and if not provided they said we have to get rid of our dog. While he has since been out of therapy, I was able to get a script from his pediatrician who has all his records from therapy and now they are saying the want the original and won’t accept a copy. Is this even legal?
Tell them to contact her directly , this is illegal.
It is acceptable for a landlord to ask for a letter that is dated less than one year ago from a medical professional. To simplify the entire process, I would recommend ensuring the medical professionals writes the letter on their company letterhead with their medical license number as well.
I cannot understand all of this “NO PETS” POLICY. dogs can be annoying with their barking and their humans not being responsible poop scoopers-BUT CATS !!! ???
one pays security for whatever isn’t that enough. even if they allow with a 1 time non refundable fee, but NONE AT ALL ???
this is why all the shelters are overwhelmed with pets, no one will adopt because of these horrible landlords !!!
why are we paying rent to live in a prison ?
Elizabeth,
I sympathize with your perspective and I even agree that the pet-related fees but as someone who has been on both sides of the argument, I’ll share my personal perspective.
When someone has a pet that causes damage to a rental, that damage has to be paid for by the landlord whether they want to or not. Even though the landlord has a right to charge people for the damages that their animals cause, collecting that money is more difficult than you might imagine. In a perfect scenario, everyone would take responsibility for their own pets and pay for damage, unfortunately, it’s not the case.
On the flip side “and this is where the problem really gets big”
– Sue-Happy Culture: If a landlord is out of compliance or not following laws or guidelines (whether they know about them or not) residents tend to want to sue as quickly as possible. (There was a time when people would have 2-way conversations to resolve conflict, it would be great if that was alive again.)
– Maximize Profit: Landlords are trying to maximize profitability on their investments, it sucks that the outcome may mean higher fees but in reality, don’t we all try to get the highest returns for our money? With damage not being paid for, people not taking personal responsibility for their own liabilities and a sue-happy world, landlords are more likely to boost fees at any cost.
* From my perspective, it’s a double-edged sword and the cause has come from both sides, the renter and the landlord (Not all Renters/Landlords). Renters don’t want to pay for there damages and Landlords don’t want to pay for the renters’ damages so what’s the outcome? Higher fees for renters and more unpaid damage billed to landlords.
We All Seak High Returns: I don’t like to pay any more than I have to just like most people but I think it would be a bit of a double standard to say someone else cannot maximize their investments if I could maximize mine.
This is way more than renting a home. We buy cheaper products that are made in a different country, that means our country has fewer jobs but we aren’t all running out and trying to buy stuff from American Made suppliers either, so we are all maximizing profits whether we invest or not.
Pets can cause thousands and thousands of dollars in damages if not trained or the owners are not responsible. Security and pet deposits often do not cover the restoration costs and the property owners can often be forced to recover costs through civil proceedings which is no guarantee the owner will be made whole.
So can children but I don’t see any control freak landlords trying to force tenants to get rid of their kids.
Horrible tenants are the reason landlords don’t want to rent to irresponsible pet owners. I rented my condo to someone for two years, when I went to inspect the property, all of the hardwood flooring had to be removed, sheetrock had to replaced on walls as well as floor molding. The stench was so bad I had to call a restoration company to make it livable, I had a $2000 deposit but it cost the former tenant another $10,000 to get it back in it’s original condition. I’m allergic to smokers, cats and some breeds of dogs. I’ll never rent to another smoker or pet owner. The cat sprayed a disgusting odor and the dogs urinated on walls, molding and flooring.
Shelters are at full capacity thanks to irresponsible pet owners. People who want animals should be homeowners so they can destroy their own property.
Reading all this is fascinating and makes me wonder what would happen if I were in a situation where I was being forced to rent to someone with an animal. I go into a panic if one comes near me, a dog or cat, so I guess I’d have to sell my property.
The law can create conundrums like this, it’s always one person’s rights against another’s. I feel for people who need these animals, but if I had to live in proximity to an animal I’d wind up in the top floor of an insane asylum!
Oh bullshit. Animals, both wild and domesticated, are everywhere. Do you pee yourself in terror every time you see a squirrel or bird?
I am researching renting a condo in Florida where they typically have a no pet policy. I have an emotional support letter from my therapist. The realtor said I would need a doctor’s letter, and I am wondering if they want proof of vaccination. I refuse to vaccinate my 12 yr old cat, and she never goes outside. Can they require proof of vaccination?
What if you own the trailer but rent the lot???can the lot owner evict over a emotiona support animal??
Does a letter from my primary care ARNP count?
Also I’m staying with my grandmother for a few months against Section 8 and her apartment complex rules about additional people living here. We have a doctor’s note for that because we’re here until she’s strong enough to live alone after having been hospitalized for a stroke. She’s allowed one animal, which she has already.
What I wanna know is: After we’ve got legal permission to stay, can I use my letter from my doctor to keep MY ESA with me? My doctor said to sneak mine in and only show the letter if needed but I don’t want to cause problems.
I have an ESA dog and my landlord is still requiring me to pay for the fee and they said I have to have the dog neutered if not the dog has to leave the premises. Is this allowed? They wont even accept my rent payment because I refuse to pay for the dog fee since I have an ESA. She says it can take up to 2 weeks to verify the ESA paperwork so she wont accept the rent. In the meantime, she charging me $5. per day for the rent being late. I wonder if this is legal?
My landlord refused my ESA for not having a rabies shot, she is too young to have the shot as she is only 10 weeks. Do they have the right to refuse my ESA?
Just have your vet write a letter stating they don’t do rabies shots until the dog is ______ months old.
I have lived in an apartment for a few years.
They dont allow pets.
I have recently been given a letter from my therapist stating my ferrets are emotional support animals.
Can he evict me or charge me extra for having them?
I have a question. I have a ESA dog for 6 years. Where I’m moving dont allow dogs. They are going to let me have her but if she barks to much they will tell me to get rid of her or we have to leave. I dont think this is right but I need help
I understand the need for ESAs, but as a landlord, I also see people abusing the online certification. I have had tenants use this to bypass my “no pets” rule. There has to be a resolution where both parties are accommodated and satisfied. Right now, as a landlord, I am screwed. And my tenants know this. Personally, I provide a lovely home and am very fair to my tenants, and now that I have been back-ended by them, I am not happy. So much for treating people with respect and they respect you in return.
I live in Maine in section 8 housing. I got a service dog but now my landlord is saying their insurance may refuse to insure her breed, in which case they will have to evict me if I keep her. Is this legal for then to do?
If it is a service dog (and not an emotional support dog) yes, it is illegal. There are no breed exceptions when it comes to service dogs. Contact your local general attorney’s office to handle the matter.
I don’t understand why people want to own dogs in other peoples properties where the landlord says no. If you want to own a dog. Find a place where the landlord agrees to having pets or buy your own place. It should be that simple. Most people don’t know how to take care of themselves and their families let alone care for a pet. I think this is ridiculous! My opinion.
You’ve obviously never tried to find housing with animals/pets.
Service and ESAs are not considered pets but more like tools and treatment plans.
Sometimes that’s all that’s available especially in someones price range work and school area (not always so easy to switch in some cases, and some may need housing pronto like myself rn, its been hell. disabled people are poor and struggle enough.. among other things. it’s just not always THAT SIMPLE it should be, but it isnt. They refuse to allow loans for low credit scores (mines because ive never had to do anything with it like that such as bills lmao not my fault. shrugs) and again, disabled people are poor as is so what makes you think they’ll have money for that down payment right away? and considering many live pay check topaycheck many may never be able to save up in time. you just dont know. there’s SO many factors situations and circumstances that can affect this, have some sympathy.
Veeda: Simple? I don’t think so. Many people can’t afford to buy their own place and most landlords do not allow pets. Not simple at all!
I call BS on this. I have moved all over the USA and 90% of the properties allow dogs (in fact, it’s cats most people don’t allow because they claw up the carpet). Landlords have incentive to allow them because it increases their renter pool.
The problem is people wanting to have their cake and eat it too. They demand they need to have one of the only breeds restricted on the property and then whine about it. You don’t have to get a restricted breed for an ESA. You don’t have to even get a dog, that is a personal decision. No one forced your hand.
Putting poorly thought personal choices on the majority is such blatant entitlement.
Also some people have totally gotten their animals in by taking advantage of the law,anyone can say they need one…BUT I’m currently fighting for my rights,I moved into a apartment after 90 days demestic violence shelter with their housing program,I am disabled and have many years of medical records to back me up,gave them letter and accommodation letter and because people are taking advantage of this they still are denying my rights.I have depression and anxiety,take meds and having been hospitalized and have had ECT treatment and I need my dog,shes all I have…its so wrong to deny someone who is totally in the right.I know a woman who has taking advantage of it and has 5 dogs including a pit bull,they are in cages day thru night,they are only let out to go bathroom 2× day and when she breeds them to make money.They give the dogs horse treatment mixed in food that builds muscle so their dogs look “tough” so people will buy the pups after seeing parents of pup.its completely messed up and sad.they got scolded if the go to bathroom in crate and I have seen them sit in their crate without going out for many hours.
If you honestly believe most people can’t even take care of themselves, why on earth do you own rental property?
My landlord just sold the house he didn’t live in it now the new buyer will live here , what do I do about my esa dog
Call a lawyer and have them write a strongly worded letter to your landlord or report your landlord. That’s not a legit reason to deny an ESA letter if they are a LMHP from your state.
My landlord does similar stuff, he hates nun esa’s but I have a letter so 🤷♀️
Hi I have some concerns about my Roommate’s ESA.
We have been in this rental house for about two months now, and the lease has a strict “no pet policy of any sorts”.
My roommate has an ESA dog, who is neglected. He is not trained, (not house broken and doesn’t know/come to any commands), he is part beagle and barks extremely loud.
He jumped out a window and broke his hip, and it took my other roommates and I to convince his owner to take him to physical therapy because he couldn’t walk.
His owner feeds him constantly whenever his bowl is empty, the dog is obese. His owner does not walk him, and his owner is never home. The owner usually goes out and parties, leaving the dog alone in the house.
The dog poops and pees all over the floor. We often come home to find piles, and puddles.
We have tried talking to our roommate directly to no avail. How do we handle this? He is not a proper ESA and is getting neglected.
Do we contact the landlord?
Definitely!
I got an ESA letter online from a certified medical doctor and my landlord denied it saying they want a letter from a local doctor not one from online. What can I do at this point.
Hello, we have lived at our single family residence for 24 months as of march 31st 2019. We have recently signed to renew our lease for an additional 12 months, which begins on april 1st of this year. We have an authorized pet on our lease for 24 months and on the recently renewed lease. We have also recently applied for an esa and have been excepted by a licensed esa therapist. The animal is a female pit bull breed. We have recently sent an email containing the esa letter from the therapist and an additional letter from ourselves requesting that we have an additional animal on our lease for the next 12 months. We wish to have both our current authorized pet on the lease and our esa dog. Are we within in our florida law? Can they deny us the right to have the esa dog? The esa dog has not current or prior incidents associated. It has never been a threat to another animal or person.
Thank you and we hope for your advice.
There are some exemptions from the law. One is if your landlord rents the single family house themselves.
Housing covered by the Fair Housing Act
All types of housing, including public housing, are covered by the FHA except: 1. Rental dwellings of four or less units, where one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.
I live in a four house dwelling what to do with a esa. But what if the landlord doesn’t live there
My daughter has an ESA documented dog with a letter from her Psychiatrist. She was just admitted to college and they have denied her ESA even though they state they allow ESA’s on campus dorms. I had to write a letter of appeal along with all documentation with a letter from her MD. They denied her and stated I have to write another letter of appeal to the board. I have obtained a shared apartment that will allow her ESA. They will not allow her to live off campus as a Freshman. What are my options. They said this is my last appeal that i can file. I want them to allow her to live off campus as her preference. Any suggestions?
Magnuson hotel in Va. Beach canceled our reservation right in front of us because my granddaughter has a service dog and they wanted to charge me extra. I refused to pay it so the manager went to the computer and canceled our nonrefundable reservation. We called Priceline and they called the manager. After speaking with him Priceline refunded our money
Get a lawyer to write a strong worded letter to all interested parties.
i currently live with several other roommates in a house for the last year. I’ve recently felt that having an emotional support animal for my well being and also for diabetes alert purposes would be advantageous. If I am able to get a therapist approval for a certified dog, is my landlord required to allow this dog even if my roommates do not want the dog?
We all signed a rental lease for 3 years and at the time of signing, we did not have any pets. The lease I signed states ” unless otherwise provided in CA civil code 54.2, pets not allowed”
A couple of my roommates say they are fearful of dogs, so they do not want a dog in the house. What are my rights in this situation?
Look for another place to live. Don’t try to force your dog on your roomates. That is unfair to them.
Just my opinion, but it seems disrespectful to your roommates to get a dog against their wishes. It would also put them at risk if the landlord objected. Many people like me are allergic to dogs. In my experience, dog owners do not walk or exercise them enough. They become inured to the smell of dogs that other people find offensive. If you are not respectful of your roomies, you should move.
We are trying to get ESA letter for our fish tanks for our anxiety. While there isn’t any weight restrictions for dogs, is there a gallon limit for fish? Our apartment is trying to make us get rid of our tanks or put our fish in 25 gallon tanks and our fish are too big. Wondering if the letter will help our situation because the foundation of the building is concrete and they’re more concerned about water spilling than the floor caving in.
My apartment has a 2animal limit and i have a letter from mental esa letter saying i need it for anxiety, ptsd and im on disability for the same problems and my apartment is saying i have to get rid of one of my other animals to get the esa animal is this illegal i live in ga
Not sure if you already have this resolved but an ESA is not considered a pet and thus can not count towards that limit, by law
Does anyone know the law if your living in a apartment that a program (ywca) leases the the apartment from the owner,that also helps pay a portion of your rent if I would still be able to have my emotional support dog,I have a letter and I’m disabled due to severe depression.The ywca program helps woman transition into their leased housing for which they pay part of rent. I live in a five family apartment in which the owner does NOT reside on the property.
I am in Schenectady ny.and I’m disabled do to depression.I recently got a pup and I’ve got a letter to have her as emotional support dog,my question is the apartment I live in is leased by a organization (ywca) from the owner of that 5 dwelling home from which landlord does not reside.Due to this apartment and ywca(they help woman after DV to transition after leaving the DV shelter) can the ywca that pays partial rent deni me? I’ve been without her (dog) for over 4 months and my depression is getting bad from not having her….I need help!!!
The landlord agent is refusing to accept three of my animals that are my ESA animals what do I do
I have an ESA I am going to move into a house and they said no pets. I haven’t told them about my ESA and I am afraid to because I am afraid they will deny us. If I don’t tell them about My ESA and they find out and try to evict can they if it’s an ESA? I don’t want to tell them because then they won’t let me rent the house.
Landloard won’t accept 3 of your animals? Do you need an emotional support zoo? You are one of the people abusing the benefit that so many of us really need. It will be people like you that cause the rules to be changed. Landlords are just trying to protect their investment. Animals “can” cause tremendous damage to a property. The more animals, the more risk. Be reasonable!
I have a letter from my doctor for an ESA. I rent – the board says “no pets for renters”. They said they know what the fair housing act says but the answer is still “no”. He told me the call from the board president is a courtesy call & if I asked for their response in writing or pursued the issue anymore – I would be responsible for their legal fees. Also – I recently found out that there are other renters who have dogs. Are they discriminating? What would be my next step?
I have 2 ESA’s one is almost 15 and the other one is around 4. I got the younger one to help me through the passing of the older one when the time comes. She’s also smaller so it’s easier for me to travel with her and if she gets injured I can actually carry her. It is possible and not totally unreasonable to have multiple ESA’s if they all serve a different purpose or are at different stages in their lives.
That’s is unfair for someone to say that you don’t need emotional zoo. Do not allow someone to discriminate are timid you for their ignorance and lack of knowledge of what you need. The true ignorance is the one who is texting the message to you. I had three emotional service animal but they did serve purposes and needs. One was not capable to do the other necessary things that I needed to support my depression and anxiety. No one has a right to tell you that you’re destroying the system they’re destroying the system by talking about nothing that they have no right did you determine what you need. they do not know your circumstances and it’s absolutely ludicrous get off their backs and mind your own business. the devil always out there trying to hurt someone who’s already having a hard time.
That’s a true and false statement. I have a 3 yr.old pit bull 1 yr.old cat which my 11 year old son rescued she was 3 months at the time. And we have a 2 yr old cat who is a yr and half . We got him at 4months. They have not damaged clawed anything . It’s all in the training.
I totally agree with you, Richard.
Unless you are that person’s doctor or mental health professional, you have no business making judgments regarding how many ESAs they have. Mind your business.
Pet owners like yourself ruin it for everyone else! I understand one animal but 3? Give me a break, I bet you don’t have the need for one of them statistically.
I have been trying to find housing for me and my medically trained seizure alert sefvice dog. But eveyone is deniing me even with paperwork. What can i do?
You are not obligated to tell anyone about your service dog/ pets. After you sign you’re lease have your dr write a letter stating that you need your service dog. You don’t have to disclose what disabilities you may have…
If you have proper legal certification stating that it is your seizure alert service dog they cannot deny you by law…Contact the ADA and get them involved. People that deny you can face stiff penalties
My landlord just stopped by an seen my dogs I told him via text I have an esa letter he told me they only allow service dogs that have been specially trained
Can he kick me out
Hello,
A “Service Animal” is trained to perform a task that helps you overcome a disability. That training can be from a professional trainer or even from you.
An ESA (Emotional Support Animal) does not need to be trained. However; when requesting a reasonable accommodation for an Emotional Support Animal, it is within the landlord’s rights to request a letter from a licensed medical professional stating that the animal is actually an ESA. To help alleviate any additional issues, I recommend asking your ESA Medical Professional to ensure that your ESA letter is on their company letterhead and includes their license number (Not Drivers License. Medical/Therapist license number). This needs to be by someone who is or has treated you. (This type of letter is not required for Service Animals, only ESA.)
If you still get pushback from your landlord, I recommend referring him/her to the local housing authority if they are unaware of this requirement. If that does not work and they still provide issues, I would recommend seeking legal counsel.
*From my personal perspective, I recommend communicating with your landlord and directing the landlord to the local housing authority before contacting legal counsel, our world is already full of too many sue happy people and just as you posed a question on a board for guidance, sometimes a landlord is also unaware of the laws/guidelines, sharing the knowledge openly is Nobel and it’s what we would all want if we were on the other side of the dispute. It would be really great if everyone was made aware of what rights and guidelines they are mandated by but it’s just not the case.
Mine just did the same thing
No. You can train your own service dog and as long as they provide a service to you they can not ask for any documentation beyond your word. They can not even ask what tasks they provide. All they can ask is if they are indeed a service dog. Law!!!
Actually according to the ADA, people can ask two questions, one of which you listed as asking if the animal is indeed a service animal, but, they very much can and have every right to ask that second question, what task does the dog perform for you. They cannot, however, ask you or demand for a demonstration, and this is only for service animals. I am a guide dog handler who also has an ESA, so I am very familiar with these laws. In regards to an ESA, you do need a letter from a therapist or psychologist/psychiatrist that states that you need an ESA as part of your treatment plan, and you’re right, they can’t ask about your disability. The service dog question allowance for the second question, which tasks are performed by the dog, is different in that, although you must answer this question, you can do it in a way that will inform the asker as to a certain task, but service animal handlers are more likely going to have to disclose at least a small bit of info about their disability. ESA handlers do not have to disclose any part of their disability, because the support those animals provide is more for emotional issues that are not outwardly obvious, unless your therapist/psychiatrist has put such information in your letter; you can ask them to keep the letter vague but inform them of only needed information. You do have to tell them a task for service dogs, which as I said, will disclose at least the legally required info about the use of the service animal, like guidework, seizure or diabetic alert, assistance dog for wheelchair or others with limited mobility. Whomever worded the law as such was apparrently not thinking that this question could violate a person’s rights to the nondisclosure of a disability by asking the question. I hate that we as service dog handlers have to answer that second question, because this does allow them to get an idea of our disability, but, if we are going to use a trained service animal, we have to accept the law as it is and answer that second question, even though we don’t like to because of it disclosing info. This information can be found at
https://www.ada.gov/regs2010/service_animal_qa.html
I don’t like it either, but it is what it is unfortunately on that point.
Not true at all. As far as associations such as HOA or COA, legally can request certification in the case of a service anima, or an ESA letter from a doctor stating that the animal is required for a specific need.
Yes, definitely not true. You can ask what service the dog provides. Also, the letter from the therapist must be in the same state as you live. (or have recently moved from) This is a new change that has happened because of the online companies that send the letters out that are fake. The sad thing is this is ruining the process for those that TRULY need ESA and didn’t pay $69 for certification so they can get away with not paying for their pet.
no he cant
Move into a place and start paying rent and change utilities power to my name if they don’t want to rent to me because I’m Section 8 and tell me they’ve rented it but in fact they have not? What may happen if I move in they just move in 10 Utilities in my name and send them a check I give them a check
I filled out application for HUD and wrote my diagnosis and that I have a bird and puppy, the housing took a 200$ pet deposit and I paid rent in full,,,a month and half later I get a letter telling me only my bird is on application but not puppy that I have to get rid of puppy asap,can they legally do this if I have a ESA letter written after I get the notice! I cannot choose these are my babies all I have
Nope, if your therapist wrote both animals on the letter and they accepted it, they are going against the ADA. I would draft up a letter and consult a lawyer, most lawyers will do a free consultation for free.
I tried to rent a place in Hales Corners wi..I told the lady a have a emotional support dog..she straight out said I don’t want no dogs here ..she said she don’t want to hear a dog barking..I told her I have paperwork to prove and she straight out said no and hung up on me
I live in a bldg for over 31 yrs with my 2 cats that are my ESA. However, the landlord is desperately trying to get me evicted due to my cats! If you walk into my home you wouldn’t even know I have cats until they emerge!
Now I have San A/C unit that needs repair and there’s “BLACK MOLD” in my bathroom walls!
On the lease icons ago stated “no pets”. They knew then, and now I had 2 cats. They took the ESA letter, but they always give me a hard time to get service in my 1 bedroom apartment.
I live alone with my 2 cats and I’m a diabetic and I have COPD and emphysema which the “BLACK MOLD” doesn’t help.
What can I do?
You are absolutely correct. The potential landlord, even one with a “no pets” policy, does not have to be informed of your service animal(s)/ESA animal(s) until just before the lease is signed (when it’s too late for them to deny you without exhibiting discrimination after having been given knowledge of the existence of a service animal/ESA animal), OR just AFTER the lease is signed, at which time you can present your ESA physician-signed letter to the landlord stating you have the animal(s). If at that point they then try to void the lease because of the service animal/ESA animal, you can then sue them. Find a reputable attorney with landlord-tenant law experience or better yet, find an attorney who specializes in fair housing law. There are many “landlords” out there who are literally ignorant of the law as it relates to Fair Housing Law and they are asking for it if they deny you equal access to housing because of your service animal(s)/ESA animal(s).
My therapist wrote me a letter my landlord is giving one day to have dog out. What should I do
The landlord can’t do that I’m going through the same thing
They can’t do that. I am suing right now because of similar actions and my dog is still with me
File a complaint on each place you’re denied.
Providing you meet the necessary terms of the rental as others would, especially if you don’t tell them up front. If you don’t tell the landlord until you are approved and being asked to sign the lease and suddenly your apartment is back on the rental list…file. DFEH or HUD. It’s becoming
The condo association where I live has a rule for all animals over 1 years old. They have to be spayed or neutered. My ESA was accepted by the board but they’re saying that moving in is contingent upon me getting the procedure done. Do I have to get my ESA neutered?
You dont legally have to tell them you have a service dog until after you sign a lease
Exactly. That rules out the possibility of them denying you for “another reason” so if you don’t tell them until AFTER the lease if signed or at signing (turn a recorder on) and they retaliate or don’t want to sign it anymore, you have your case and the defense has no argument. You just won yourself a lot of money cause they want to have big heads and violate federal law that they think they’re above.
You are just being dishonest by telling them and most will either find a way to get rid of you legally or just not renew your lease and charge you for any damage that has occurred. The majority of pet owners do not take care of their pets and damage property. Unfortunate but true. The bad pet owners ruin it for the new one.
Hire a lawyer On contingency and sue the CRAP out of them. But a house with that money 🙂 they can’t win that lawsuit. They’re in direct violation of the ADA and fair housing act. That’s federal law. These people won’t learn until we make them.
Just how much money do you think is appropriate for denying an application? Most lawyers aren’t willing to take these nickel and dime cases. It’s a waste of their time when they can sue for big bucks on other types of cases. So many people are using fraudulent letters they’ve gotten off the internet.
Get a lawyer contact HUD
I already have 2 dogs.we recently bought a townhouse and found out that there was more to the hoa than we thought.we didnt know that they could tell u how many pets u could own or tell u what u. an or cant do on your property.thanks goodness u can have 2 pets or we would have walked away from this place.nobody disclosed all the truth about the hoa ampng other things.if they had we wouldnt be buying this place.i need a letter for my 2 dogs just in case because it states in the hoa bylaws that if your pets become a nuisance such as barking to mich etc.they can make u get rid of them and there is no way I’m doing that.wanna have my bases covered because I dont know what I would do without paisley and molly.my pcp is treating me for depression and anxiety.had been for a while.ive had major depression since I was a kid and my dogs help a lot with it.
Would a townhouse count as a single family accommodation??
I applied for a rental and informed owner of my ESA. He does allow pets but said he has a 35lb weight limit and therefore would not rent to me. What good is a letter stating I need my ESA if I can stll be denied? Federal housing act states it is illegal to deny me but im getting denied still!
I am a landlord and I can explain from my point of view. I actually live out of income from my two apartments and to start with, some insurance companies do not accept pets in the unit or they charge a lot more for the insurance, A tenant brings a new puppy and the puppy needs training and accidents happened. Who pays for the cost of replacing the carpets or laminate floor, which is my case? I understand your point of view, but do you understand mine or are you prepared to pay for the damage? Do you think it is fair to the homeowner, that you damage the place and walk out of it? Ownership of an animal, comes with responsibility. If your dog barks and annoys all neighbors, do you think it is fair to others to have to live like this because of your dogs? People have rights as well as you do. A lot of people are just taking advantage of this loophole. If you move to a place that has the restriction, you knew it in advance. There are many other places that do not have the restriction why insist on one that have them in place?
@Maria
“Do you think it is fair to the homeowner, that you damage the place and walk out of it? “- of course not, that’s what security deposits, screening previous landlords, and requiring renters insurance is for.
“Ownership of an animal, comes with responsibility. If your dog barks and annoys all neighbors, do you think it is fair to others to have to live like this because of your dogs?” – again, screen former landlords to see if they have had bad animals. I cannot think of one of 6 different units I’ve lived in where I’ve heard other dogs bark or people on the street making noise. I’ve had homeless people sleeping in the quadplex backyard and it was not “their responsibility” to fix the situation or put in security cameras, even when these “visitors” started fires.
“People have rights as well as you do… If you move to a place that has the restriction, you knew it in advance.” – Sure, some of this knew this in advance but are still people with disabilities that have lasted for years, but did not know in advance that their disability would quickly, quickly get worse and they would need to look into alternative accommodations after trying other means to manage a condition for years. So yes, people have rights. We are not talking about the rights of an animal, but the person with the disability that needs to be treated.
I have given my manager 9 esa letters over 2 1/2 months… i get no response. What do i do?
They can’t be a nuisance or disbehaved. If they are service animals they should be properly trained…
ESA are there to be emotional supports. My ESAs are ESAs because they are too neurotic to be service dogs. I have PTSD, bipolar, generalized anxiety disorder, and my chihuahuas are the two things that bring me comfort. They get me out of bed. So when I leave my family to go live in a apartment, should my 16 year old chihuahua or my 6 year old chihuahua go to the pound because they aren’t used to apartment life and make a bit too much noise when I am not home? ESAs aren’t held to the same standards as service dogs, there just has to be a therapeutic use for them in a paitents everyday life.
What about others? Ther are other living in the complex do their rights matter or just yours?
Just my 2 cents. This is why we have so many homeless pets. Over the years more and more landlords refuse pets. I understand to some degree but charge an extra security fee in case of damage or some other agreement. It is a serious problem across the country if not the world. But there’s been factual studies showing a difference in children that have pets, many positive attributes, even for adults. (Bare in mind that these are families who treat pets well). Now so many have to move because of the economy or other reasons and they have to leave their pets… because shelters always say there’s a fee for surrendering your pet, but most people don’t know that a lot of them won’t make you pay it if you can’t so people leave and have no other options. Sad state of affairs…
I should be getting an apartment and my ESA doggy soon. Best wishes to all of you struggling out there!
I live in public housing. I was forced to get rid of my ESD. Less then 24hrs later, I was found unresponsive on my dining room floor. I had notes from everyone my landlord asked for, now after 2yrs of having him, it was an issues for my landlord and I was forced to get rid of him. It was the hardest thing I have ever had to do. Wish I had seen this before hand..
Get a letter from your PCP stating that you have anxiety (depression), have him sign on his letterhead and have him put on his license #. Also their signature and date. Legally, that should be enough.