Landlord Rights for Emotional Support Animals

If you’re a landlord, you may have noticed the use of Emotional Support Animals (ESA) has become common as more mental health professionals write ESA letters to help their clients.

As a landlord or property owner, you might ask yourself, what does that mean for me and for my rental units that have “no pets” policies in place?

In this post, we will cover landlord rights when renting to a tenant with an emotional support animal.

The Fair Housing Act (FHA) & Landlords

If you’re a landlord, the Fair Housing Act (FHA) likely applies to you. Under this federal law, landlords have to accommodate people with disabilities, including those who need emotional support animals (ESAs). That means landlords have to make exceptions to no-pet policies, pet fees, and pet breed/size restrictions when it comes to ESAs. Here’s who the FHA covers:

• Individual landlords who own and rent out properties
• Property management companies
• Real estate agents and brokers
• Homeowners associations
• Condominium boards
• Housing developers and builders

Some smaller landlords are exempt from Fair Housing rules: 

• Housing operated by religious organizations and private clubs that limit occupancy to members
• Owner-occupied buildings with 4 or fewer units (known as the “Mrs. Murphy exemption”)
• Single-family homes rented without a broker if the owner owns 3 or fewer such homes

Emotional Support Animal Letters for Housing

You may or may not have encountered an Emotional Support Animal Letter — these are validation letters from a licensed mental health professional telling you the renter has been approved for an ESA for mental health-related purposes.

Under Fair Housing rules, an ESA letter is the only document a landlord can request to verify that the tenant has an actual need for an emotional support animal. An ESA letter contains the healthcare professional’s opinion on whether the tenant has a qualifying disability and their belief that an emotional support animal assists with that health condition. 

As a landlord, you can’t ask for registrations, licenses, or certificates to verify an emotional support animal. You also can’t request that the tenant’s healthcare provider fill out special forms. The only proof you can demand is an ESA letter. 

How can a landlord verify an ESA letter?

As a landlord, you have the right to verify that the tenant’s ESA letter is real and from a healthcare professional who is licensed. A proper ESA letter should be written on the mental health professional’s letterhead, along with their contact information (phone number, email address) and license number. You can check to see if a provider’s license number is active by visiting your state’s website for licensed professionals. 

An ESA Letter should include the professional’s license number, the date it was issued, and a signature.

If you have any concerns about the validity of the letter, we don’t recommend contacting the mental health professional directly. You should get the tenant’s permission first, and when discussing the tenant’s ESA letter with the provider, limit the conversation to just a simple confirmation of whether the letter was written for the tenant. HUD guidelines forbid asking about the tenant’s medical history or details regarding their health condition. The provider will also not be able to discuss such matters due to privacy rules regarding patient/client relationships. 

Questions a Landlord Does Not Have the Right to Ask a Tenant Who Needs an Emotional Support Animal

Remember, you must respect the tenant’s right to privacy regarding their health condition. While you are free to ask for an ESA letter confirming they have a disability-related need for an emotional support animal, you can’t ask for details about their condition or medical history.  

There are several questions that could get you into trouble, like the following:

• “What is your specific diagnosis, and how severe is it?”
• “How long have you been in therapy?”
• “What medications do you take?”
• “Can I  see your medical records?”
• “Have you ever been hospitalized because of a mental disability?”
• “Have you ever been in a drug rehabilitation program?”
• “How many sessions have you had with your therapist?”
• “Is there anything else at all about your symptoms or diagnosis besides what is provided in this letter?”

What kind of animals do landlords have to allow?

Although dogs and cats are the most common emotional support animals, your tenant has the right to possess just about any animal as an emotional support animal as long as it is a common household pet that is safe to keep in their home. 

You don’t have to allow for exotic animals or animals that threaten the health or safety of other tenants. Any emotional support animal can be evicted if it is guilty of those things. No matter what type of ESA it is, the tenant is always responsible for their ESA’s actions and any damage they might cause. 

How many emotional support animals do landlords have to allow?

Tenants are allowed to have more than one emotional support animal. However, the tenant’s healthcare professional has to agree that each emotional support animal is necessary. The tenant’s ESA letter should specifically reference each emotional support animal they want to be approved. As a landlord, you can also limit the number of ESAs a tenant has if you believe the presence of the ESAs would create a real safety or health issue for other residents.  

Where is the emotional support animal allowed?

Under HUD’s housing rules, tenants can bring their ESAs: 

“in all areas of the premises where persons are normally allowed to go unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider services.”

Generally speaking, this would allow the animal in all common areas of the building like the following:

• Lobbies and hallways
• Community rooms and resident lounges
• Laundry facilities
• Outdoor spaces like courtyards and walking paths
• Elevators and stairwells
• Parking areas
• Mailrooms

However, emotional support animals are not permitted to roam off leash throughout the property and must be in their handler’s control at all times.

When can a landlord deny an emotional support animal?

There are times when a landlord has a legal right to deny a tenant’s request to have an emotional support animal in the following circumstances: 

• The ESA is compromising the health of other tenants
• The ESA has exhibited dangerous or aggressive behavior towards other tenants or animals. 
• The ESA has caused substantial property damage. 
• The ESA is significantly disrupting the other tenant’s ability to enjoy their homes. 
• The presence of the ESA is causing an undue financial burden. 

What about insurance for banned breeds?

Some regions are now imposing breed restriction laws. How does this affect the person with a breed-restricted ESA?

According to HUD:

However, it’s not as simple as that. The landlord must then substantiate the claim with the insurance company directly. They must then see if the insurance company has a policy with an exception for the assistance animal. If not, an investigation may be launched against the insurance company for potential disability discrimination. We recommend that landlords tread cautiously when it comes to denying an ESA based on breed. A better reason to deny an ESA would be if the landlord had real evidence the ESA is dangerous. 

Can you evict a tenant because of their emotional support animal? 

 The answer isn’t a simple yes or no — it really depends on the situation. While emotional support animals have important legal protections, they aren’t given a free pass for bad behavior.

You can evict the emotional support animal if they:

• Pose a direct threat to others (like repeatedly aggressive behavior toward other tenants)
• Cause significant damage (think torn-up carpets, chewed walls, or bathroom accidents that damage flooring)
• Create ongoing disruptions (such as constant barking that interferes with other tenants’ right to quiet enjoyment)

But here’s what’s not okay — you can’t evict just because:

• Your property has a “no pets” policy
• The animal is a breed you don’t allow (like a pit bull)
• The animal exceeds your usual weight limits
• You simply prefer not to have animals in your building
• Other tenants don’t like having animals around

If a tenant’s emotional support dog barks occasionally during the day, that’s probably not grounds for eviction. But if the same dog barks constantly throughout the night, lunges at neighbors in the hallway, and has destroyed the apartment’s carpeting — those behaviors could justify eviction, even though it’s an ESA.

Remember: Before considering eviction, you should first try working with the tenant to address any issues. Document all incidents carefully and consider whether reasonable accommodations could solve the problem. Better yet, consult with a lawyer who specializes in fair housing law before taking action.

What Fees (If Any) Can a Landlord Charge for an Emotional Support Animal?

If your tenant has an emotional support animal, you can’t treat it like a regular pet regarding fees. That means no pet deposits, no monthly pet rent, and no special application fees — even if you normally charge these for other tenants’ pets. Of course, if the animal damages something, you can still charge for repairs just like you would with any other tenant damage. Here’s a common situation that comes up: Say your tenant paid a pet deposit when they first moved in with their dog, but later they qualify for that same dog as an emotional support animal. Once they show you their ESA documentation, you’ll need to refund that deposit and stop charging any monthly pet fees going forward. You don’t, however, have to refund monthly pet fees from before they had their ESA letter. 

What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support Animal

If you violate the rights of a tenant with an emotional support animal, you can face lawsuits from the government and the tenant. The following are some examples of cases where landlords were charged with not following ESA rules: 

In a case in Florida, a Pensacola property manager faced HUD discrimination charges for allegedly violating a disabled tenant’s rights regarding her emotional support animal and live-in caregiver. Despite the tenant providing ESA documentation three times and having her son move in as a caregiver, the manager allegedly served her with eviction notices claiming unauthorized pets and occupants. This case shows how landlords can face serious consequences for ignoring or denying reasonable accommodation requests for ESAs and caregivers, especially when proper documentation has been provided. The case highlights HUD’s active enforcement of Fair Housing protections for disabled tenants.

In a case in New York, a Manhattan co-op owner was awarded $750,000 ($165,000 in damages plus $585,000 for her shares) after being wrongfully evicted over her three emotional support parrots. Despite the tenant providing documentation from a mental health professional stating the parrots were necessary for her mental well-being, and despite city inspectors finding no evidence of noise violations after 15 separate complaints, The Rutherford proceeded with eviction. This case serves as a stark warning to housing providers about the serious financial consequences of violating fair housing protections for emotional support animals.