Can a Landlord Deny an Emotional Support Animal? Your Questions Answered
An emotional support animal is a unique type of support animal that helps people who struggle with mental health disorders. These animals can provide relief from symptoms, and with an ESA letter, you can usually live in housing that’s not pet-friendly.
Still, if you have an emotional support animal, you’re probably curious about the laws surrounding them and whether or not a landlord can deny one. The good news? If you came here asking, “Can a landlord deny an emotional support animal?” We have your back.
In this guide, we cover emotional support animal laws, why landlords can’t deny them, and also why they may be able to deny them under unique circumstances.
What is an Emotional Support Animal?
An emotional support animal (ESA) is a companion animal that provides relief from mental health disorders. If someone is struggling with loneliness, stress, depression, anxiety, or something else that’s medically diagnosed, an ESA might be able to help.
These animals help simply by being around someone, and ESAs don’t just have to be dogs; this is one of many ways they differ from service animals. That said, in order to have an ESA in housing that’s not pet-friendly, you need to have a signed letter from a licensed mental health professional (LMHP) in your state.
This is because the Fair Housing Act (FHA) only protects your support animal if you have the proper documentation for them. While additional state ESA laws exist, the FHA is the main one to learn about. However, some states may have additions or variations to this law.
For example, California requires you to maintain a professional relationship with an LMHP for at least 30 days before you can qualify for an ESA letter.
Can a Landlord Deny an Emotional Support Animal?
Yes and no. More often than not, landlords can’t deny emotional support animals because they’re protected under the Fair Housing Act protects them. This act prevents landlords from discriminating against people who have mental health disabilities. Under the FHA, if someone has an ESA letter, landlords must make reasonable accommodations.
That said, this doesn’t mean that landlords don’t have rights; other tenants also have rights if your animal is causing issues. We cover some unique circumstances that allow landlords to deny ESAs below.
ESA Letter Problems
If you don’t have an ESA letter, landlords can deny your support animal; we’ll get that out of the way right out of the gate. ESA letters also have to be up to state laws and regulations. For example, the letter needs to be signed by a licensed mental health professional in the state where someone will live.
If an ESA letter is fake, not valid, or has something wrong with it, landlords can deny the ESA.
A Disruptive ESA
If you have a disruptive support animal, landlords may be able to deny your support animal. If your ESA is damaging property, smells bad, or makes a lot of noise at night, you’ll find that an ESA can be denied.
Now, this is subjective, but if property is damaged and tenants are making complaints, you shouldn’t count on the FHA preventing eviction or other action being taken against you and your ESA.
Housing Size Limitations
If the living space is too small, an ESA may be out of the question. For example, if you have a giant dog, like a Great Dane, you may not be able to have them in a small studio apartment.
For this reason, you should make sure the ESA you choose is flexible and that they can live with you in most types of housing units.
Can a Landlord Deny an Emotional Support Animal? Final Thoughts
So, can a landlord deny an emotional support animal? Ultimately, no, landlords can’t usually deny an emotional support animal. This is because they’re protected under the Fair Housing Act. For this reason, ESAs have protections in place that prevent landlords from denying them or even charging you for them.
That said, landlords and other tenants still have rights. If an ESA damages property, harms someone, or doesn’t fit in the space, it’s possible for a landlord to deny them. Moreover, landlords can deny ESAs if you don’t have the proper credentials for them.
