Can a Landlord Deny an Emotional Support Animal (ESA)?

Emotional Support Animals (ESA) are animals that provide emotional comfort, companionship and love to people with mental or psychological disorders like depression, anxiety, stress, etc. Although they don’t assist in specific tasks, having them can be a great help for people with mental health conditions and help them perform better in their daily lives.

However, they are not so helpful for landlords. Instead, they can be a challenging issue—don’t go with their cute appearances. They can cause property damage, spread allergies or other health problems, make unnecessary noises, etc.

Considering these concerns, as a landlord, it’s fair to question yourself, “Can I deny an emotional support animal?”

According to the American Psychiatric Association, you can’t deny an ESA if your tenant has a valid ESA letter signed by a licensed mental health professional under the Fair Housing Act. Instead, you’re required to make reasonable accommodations for the ESA. You can’t deny them based on your personal preferences or assumptions. However, there are still some specific conditions under which you can legally reject an ESA.

Continue reading to learn about the legal framework, eligibility criteria, and rights of landlords and tenants concerning ESAs.

The Fair Housing Act (FHA) and ESAs

In 1968, President Lyndon Johnson passed the Fair Housing Act (FHA) as a follow-up to the Civil Rights Act 1964. This act protects people from discrimination based on race, religion, culture, national origin, sex, disability, and family status when renting, buying, or engaging in housing-related activities.

Under this act, landlords and apartment complex owners must make reasonable accommodations for those tenants with any certified mental or physical disability. For e.g., you can’t turn down a tenant with mobility impairment just because you don’t want to make changes. You must make special adjustments to comply with their condition.

So, what does it say about having ESAs on your rental property?

ESAs are animals that provide emotional support and companionship for individuals with physical or mental disabilities. Tenants’ rights to have ESAs on their rental property are protected by Federal law under the Fair Housing Act.

According to the U.S. Department of Housing and Urban Development (HUD), tenants with disabilities may request an ESA on a rental property with appropriate documentation signed by a licensed mental healthcare professional. 

FHA treats ESAs as assistive aids rather than pets, and you must adjust your policies to permit these animals. You can’t deny or charge additional pet deposits or fees. Even if your property has a strict “no pets” policy, an ESA must be allowed without any financial burden on the tenant.

“Reasonable Accommodations” Under the Fair Housing Act

Reasonable accommodation is a legally required modification or change (within reason) to help a person with a disability live comfortably in a rented house. It ensures equal access and opportunity for people with disabilities.

For example, if a tenant has an emotional support dog that helps him/her lower his stress level and performs better in his daily life, you, as a landlord, must allow the dog with no further extra charges.

An example of an unreasonable accommodation request would be If your tenant demands an extra room or balcony at no extra cost to keep or walk their dog.

Who is Eligible for an Emotional Support Animal?

Having a pet dog or cat simply doesn’t qualify a tenant for an Emotional Support Animal (ESA). People keep pets for their fun, amusement, or hobby, whereas ESAs serve the purpose of comforting people with disabilities.

In simple terms, people with disabilities, especially those related to mental health conditions, are eligible for Emotional Support Animals. These health conditions can be bipolar disorder, depression, anxiety disorders, panic disorders, phobias, etc. Even with those conditions, one can’t be eligible to have ESA in a rented home without an ESA letter signed by a mental healthcare professional.

“An Emotional Support Animal (ESA) letter is a formal document provided by a licensed mental healthcare professional stating an individual’s need for an emotional support animal as part of their treatment for a mental disability.“

However, it is very important to verify your tenants’ eligibility for ESA. During tenant screening, you must ask for the proper documentation to verify their need for the ESA to avoid any issues or legal complications in the future.

What Types of Animals Can Be Designated as an ESA?

Knowing what type of animals can be designated as ESAs is crucial to complying with reasonable accommodation requirements under fair housing laws.

It should not be surprising that dogs are the most common emotional support animal. Other types of ESAs include:

• Cats
• Birds
• Rabbits
• Hedgehogs
• Miniature Horses
• Llamas and Alpacas
• And many more.

In short, there is no restriction on the type of animal, and any animal can be an ESA. You can’t reject an ESA based on assumptions about breed, size, or general pet policies and must make reasonable accommodations. However, you are not obligated to accept animals that:

• Pose significant property damage risks.
• Create genuine safety concerns for other tenants.
• Are exotic, extremely large, or inherently dangerous.

Emotional Support Animals vs Service Animals: What’s the Difference?

Although both are support animals, they serve different purposes and are treated differently by law.

Emotional Support Animals

1. ESA provides love and companionship to people with disabilities with their mere presence.
2. They are not trained to perform any tasks and are there just to relieve and comfort the owner.
3. ESAs can be any animal, such as a parrot, cat, rabbit, guinea pig, etc., although the most common is a dog.
4. These support animals are legally protected under the Fair Housing Act (FHA).
5. And they are bounded by limited access to public places.

Service Animals

On the other hand, service animals assist people with disabilities by performing specific tasks such as guiding blind individuals, alerting them to seizures, or interrupting panic attacks.

1. They are highly trained to perform specific tasks that the owner cannot.
2. Service animals are mostly dogs, though miniature horses can sometimes qualify.
3. They are legally protected under the Americans with Disabilities Act (ADA).
4. And with the right to full access to public places.

When Can You Legally Deny an ESA?

Although you can’t directly deny an ESA and are required to make special adjustments or changes, there are still some conditions under which you can legally deny an ESA. These conditions include:

1. Invalid ESA Letter

An ESA letter signed by a licensed mental health professional is a must for the acceptance of an ESA in the rental home. If you find out that the ESA letter is fraudulent or not issued by a licensed mental health professional, you can reject the ESA request.

For example, if a tenant provides a generic online ESA certification without a detailed assessment from a specific medical professional, you can reasonably reject their accommodation request.

2. Financial burden

Not always, but if accommodating the ESA causes an undue financial burden on you, you can deny the request. This doesn’t include minor expenses but substantial economic challenges that would seriously threaten your property’s financial stability.

For example, if you own a small apartment complex with tight maintenance budgets, you can deny the ESA request that requires specialized flooring, frequent deep cleaning, or potential structural alterations that financially challenge you.

3. Health or safety risk

Animals can get contaminated easily if not properly cared for. So, there’s a risk of specific health hazards or potential medical complications for other tenants. Therefore, if you find evidence of the medical conditions of the dog that could be an issue for other residents, you can deny the request for ESA.

For example, in buildings, if your tenants have severe allergies to the ESA and it could trigger serious allergic reactions, it might be grounds for denial.

4. Animal is aggressive or destructive

Not all animals are aggressive, but most are by nature. This behavior can create problems for other residents within the building and even damage your property.

If an ESA shows aggressive behavior or has documented evidence of behavioral issues in the past, you may justifiably deny the ESA request based on these concerns.

5. Unreasonable accommodation requests

It’s legally true that you have to make reasonable accommodations, but this only applies if the accommodations are within reason. You can legally deny the accommodations request if they seem unreasonable or can challenge you financially.

For example, if a tenant demands to keep large exotic animals that pose a significant safety risk to other tenants, you can legally deny the request.

When Can’t You Legally Deny an ESA?

Some conditions under which you can’t legally deny an ESA are:

1. Valid ESA letter

You cannot deny an ESA request if your tenant provides a proper ESA letter from a licensed mental health professional. This letter should include the tenant’s disability and how the ESA helps manage it. 

2. No pet policy

Pets can be messy. That’s why, in most cases, you prefer to regulate the “No Pet” policy to deal with this problem. However, under FHA, even with such policies, apartments must allow ESA to adjust their policies. The law sees ESAs as necessary accommodations for individuals with disabilities, and you can’t refuse them within reason.

3. Assumptions on behavior or size of the animal

You cannot deny an ESA based on unnecessary assumptions of behavior or solely based on breed, size, or weight limitations. Discrimination against specific breeds or types of animals is strictly prohibited under FHA when it comes to ESAs. 

4. Personal preferences

You can’t bring or drag any of your personal preferences and show discriminatory behavior when accepting/rejecting ESAs. You must comply with the terms mentioned under the FHA and treat each tenant with equal respect.

What Can You Do if an ESA Becomes a Problem?

If an ESA starts to show disruptive behavior and becomes a problem, you, as a landlord, can take certain actions to address this issue.

1. Engage in dialogue with your tenant

The first step is to contact and communicate with your tenant about the issue. Be calm and respectful when discussing specific concerns about the animal’s behavior. Also, listen to the tenant’s perspective and be open to potential solutions.

Remember, the motive here is to understand the root of the problem and find common ground that addresses your concerns while respecting the tenant’s rights to reasonable accommodation.

2. Charges for the damages

Another thing to do is to look for the damages ESA caused to your property. If there are any, your tenant should cover the repair costs. For this, it is critical to document the evidence, such as photos, videos, or detailed written descriptions. 

With the proper documentation in hand, you can ask for compensation for repairs. This is the same process you would use to deal with the damages caused by the tenant himself. Furthermore, this documentation can also be used to support future legal actions if necessary.

3. Enforce lease terms

Next, you can revise the original lease agreement and look for any specific provisions related to animal behavior and tenant responsibilities. 

If the ESA is violating clear, pre-established lease terms, you can formally notify the tenant and request corrective action. Ensure the notice is clear and specific and also provides a reasonable timeline for improvement.

4. Request removal of ESA

Even after consulting with the tenant about the problem, if the ESA continues to be a problem, you can request, you can request for the removal of the ESA. However, this removal should be under very specific and well-documented circumstances that clearly show that the animal is creating difficult living conditions in the building. 

Most importantly, you can only request this based on the animal’s actual behavior, not generalized assumptions about the breed or type of animal.

5. Pursue eviction if necessary

Eviction should be your last step when all other attempts fail. If the ESA continues to create an unbearable living condition and the tenant also seems not to care or fails to address the issue, then you can initiate the eviction process.  

However, this complex process requires proper documented evidence and compliance with local and FHA laws. Before proceeding with eviction, it’s best to consult a legal professional specializing in housing and disability accommodation laws.

When taking action, you should consider these things:

1. Compliance with FHA and local laws: Ensure that your actions do not go against FHA and local laws and that you have not violated tenant rights with disabilities.
2. Avoid discrimination: Your actions must be solely based on the specific behavior of the animal and not on the type or other assumptions you made. Any discriminatory behavior leads to serious legal complications.
3. Document Everything: Try to keep detailed records of everything, including your communications, incidents, and attempts to resolve the ESA-related issues. This documentation is critical to supporting your claim.
4. Consulting legal counsel: Before taking any legal steps, consult with a lawyer specializing in housing and disability laws. Professional legal advice helps you deal with difficult situations while protecting your rights and respecting tenants’ rights.

Conclusion

While ESAs are a great support for those who need them, they can sometimes be a headache and a concerning issue. 

In this case, as a landlord, you have the right to deny an Emotional Support Animal to protect your property and maintain peace in the building. However, this rejection must be within reason(invalid ESA letter, unreasonable accommodations, aggressive behavior, etc) and documented evidence. 

You can’t deny an ESA based on personal opinions or assumptions and must make reasonable accommodations under the Fair Housing Act (FHA).

Before taking any legal action, it’s critical to ensure that you are properly complying with FHA and local housing laws. This way, you are protecting your property and respecting your tenant’s rights, which helps maintain a harmonious relationship with your tenants. 

I hope the tips provided above are helpful in dealing with your tenants with ESA. If found helpful, don’t forget to share it with your other landlord friends.

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