Emotional support animals (ESAs) help their owners to lead better lives and achieve their goals. They provide comfort, companionship, and affection, and can also help to ease anxiety and stress.
If you’re the proud owner of a devoted ESA, you may be aware that they are entitled to certain protections in the US, including the right to live with you in rental properties.
While this means landlords are usually obligated to reasonably accommodate ESAs, there are some exceptions to this.
As an ESA owner, it’s important to be aware of these circumstances so that you’re fully aware of your rights.
To help, we’ll answer when can a landlord legally reject an ESA in the US and discuss everything else to be mindful of as you navigate renting with your emotional support animal.
Emotional Support Animal Housing Rights
Emotional support animals are recognized by the Fair Housing Act (FHA), a federal law in the US, which is legislation created to protect individuals from discrimination in the purchase or rental of properties.
More specifically, the FHA prohibits discrimination in housing because of characteristics such as race, familial status, religion, sex, and disability.
As emotional support animals are considered to provide life-changing support to individuals with disabilities, these housing rights extend to them, too.
Under the Fair Housing Act, a landlord must reasonably accommodate an emotional support animal, regardless of whether they have a no-pet policy in place. They also cannot charge pet fees, such as pet rent or pet-related security deposits.
This means that in most instances, a landlord cannot refuse to rent to you and your emotional support animal. So, when can a landlord legally reject an ESA?
When Can a Landlord Legally Reject an ESA? 5 Reasons
Provided you have obtained all the necessary documentation, rejecting your ESA will be in breach of the FHA and come with severe repercussions. However, as we touched on earlier, there are some exceptions.
The Landlord’s Property Type is Exempt
While the FHA covers most properties in the US, there are certain property types that are exempt.
If your landlord owns one of these property types, they are not legally obligated to accommodate your ESA, and whether or not to do so will be at their personal discretion.
This includes properties such as:
- Owner-occupied properties with four or fewer units
- Single-family housing that has been rented or sold without the use of a broker, and the landlord does not currently own more than three single-family houses
- Properties owned by private clubs or religious organizations; they have the right to prioritize housing their members
Your ESA Is Disruptive or Aggressive
A landlord is within their rights to reject your ESA if they exhibit any behavior that jeopardizes the health and safety of other tenants living at the property.
They can also be rejected if they engage in disruptive behaviors like excessive barking during the night or soiling communal areas of the rental complex.
Every person has the right to feel safe, comfortable, and secure within their home.
It’s important that as a responsible ESA owner, you take the time to ensure your ESA is properly trained and kept under your control.
Your Emotional Support Animal Causes Property Damage
Even if your ESA isn’t exhibiting outright aggressive behavior, they can still be denied their rights if they engage in habits that lead to property damage — think chewing up furniture, soiling carpets, and scratching walls.
A landlord is also within their rights to charge you for any property damage your ESA causes.
Your ESA Poses an Undue Hardship
A landlord can reject your emotional support animal if they are able to prove that accommodating them would result in an undue hardship.
This may include a disruption to how they operate their property, a health and safety breach, or a significant financial expense.
They can also reject your ESA if they can’t feasibly accommodate them at the premises, even with reasonable adjustments.
For instance, a small one bedroom apartment wouldn’t be suitable (or safe) for a large alpaca.
You Haven’t Obtained an ESA Letter
Your emotional support animal is only entitled to the FHA protections if you have obtained a valid ESA letter.
Without this documentation, a landlord is legally allowed to reject your ESA, or if they do choose to accommodate them, treat them as a pet and subject them to pet-related policies and fees.
Be mindful that you can only obtain a valid ESA letter if you have a diagnosed mental or emotional disability and have undergone an assessment with a licensed mental healthcare professional (LMHP).
The letter must also be printed on official letterhead and have the healthcare provider’s license information and details.
Beyond When Can a Landlord Legally Reject an ESA?
Getting a valid ESA letter can take some time, though it’s vital if you’re hoping to live with your ESA.
You can find out more information about ESA letters, including whether you qualify and how to prepare for an ESA assessment, by viewing EmotionalSupportAnimal.com’s ESA letter guide and then contacting the team of experts.
They’ll guide you every step of the way and get you connected with a LMHP in no time.
They will also be able to advise you on any state-specific laws that may impact the ESA letter process.
Once you’ve obtained a valid ESA letter, the rental market will open up to both you and your ESA.
From there, it’s all about ensuring you don’t give the landlord any other reason to reject your ESA.
Housebreak them, train them frequently, and curb any pesky habits (like excessive barking) before you move into the property.
