TherapyPaws&Claws

Your landlord says no pets. You have an emotional support animal and a valid ESA letter. Now what?

This is one of the most common — and most stressful — situations ESA owners face. The good news: federal law is squarely on your side. The Fair Housing Act (FHA) protects your right to live with your emotional support animal, even in housing with strict no-pet policies.

But knowing you have rights and actually exercising them are two different things. Landlords still push back. Property managers still demand pet deposits they’re not entitled to. And tenants still get denied accommodations they legally deserve.

This guide breaks down exactly what the law says, what your landlord can and cannot do, and how to handle every common scenario — from your initial request to what happens if things go sideways.

The Fair Housing Act: The Federal Law That Protects ESA Owners

The Fair Housing Act (42 U.S.C. §§ 3601–3619) prohibits discrimination in housing based on disability. Since 1988, the FHA has required landlords and housing providers to make “reasonable accommodations” for people with disabilities — and that includes allowing emotional support animals.

Here’s what matters: an ESA is not a pet under federal housing law. It’s an accommodation. That distinction changes everything about how landlords must treat your animal.

The FHA applies to nearly all housing in the United States, with only two narrow exceptions:

• Owner-occupied buildings with four or fewer units (the “Mrs. Murphy exemption”)
• Single-family homes sold or rented without a broker, where the owner doesn’t own more than three such homes

If your housing doesn’t fall into those categories — and most apartments, condos, and rental homes don’t — your landlord must accommodate your ESA.

What Landlords Cannot Do (By Law)

Let’s be specific. Under the Fair Housing Act and HUD’s 2020 guidance (FHEO-2020-01), your landlord cannot:

Charge You Pet Rent, Pet Deposits, or Pet Fees

This is the single most violated rule in ESA housing law. Your emotional support animal is not a pet, so pet-specific charges don’t apply. No pet deposit. No monthly pet rent. No non-refundable pet fee. Zero.

Your landlord can still hold you financially responsible for any actual damage your animal causes, just like any other tenant damage. But they can’t charge you upfront fees simply for having the animal.

Deny Your ESA Based on Breed, Size, or Weight Restrictions

Many apartments have breed restrictions — no pit bulls, no Rottweilers, no dogs over 50 pounds. These restrictions don’t apply to emotional support animals. A landlord cannot deny your ESA because of its breed, size, or weight.

The only exception: if your specific animal poses a “direct threat” to health or safety that can’t be reduced through other means. And that determination has to be based on the individual animal’s behavior, not breed stereotypes.

Reject You Because of a No-Pet Policy

A blanket no-pet policy does not override the Fair Housing Act. Period. If you have a qualifying disability and a valid ESA letter from a licensed mental health professional, the no-pet policy doesn’t apply to your animal.

Require Specific ESA “Certification” or Registration

There is no government-run ESA registry. There is no official ESA certification. Landlords cannot require you to register your animal with any third-party service. The only documentation they can request is a letter from a licensed healthcare provider. For more on this, see our guide on ESA certification and what’s actually required.

Ask About the Nature or Details of Your Disability

Your landlord can ask for documentation that you have a disability-related need for the animal. They cannot ask what your specific diagnosis is, demand medical records, or require you to describe your symptoms in detail.

What Landlords Can Legally Do

The law isn’t entirely one-sided. Landlords do have some rights in this process:

• Request documentation. If your disability isn’t obvious, your landlord can ask for a letter from a licensed mental health professional confirming your need for the ESA. Here’s exactly how to get an ESA letter.
• Verify the letter’s legitimacy. Under HUD’s 2020 guidance, landlords can check whether the provider who wrote your letter is actually licensed in their state. They can also be skeptical of letters purchased online from providers who haven’t established a genuine therapeutic relationship with you.
• Deny the accommodation if the animal poses a direct threat. If your specific animal has a documented history of aggressive behavior or property destruction, the landlord may have grounds to deny the request — but only after an individualized assessment.
• Deny if the accommodation creates an undue financial burden. This is extremely rare in practice and almost never applies to standard rental housing.
• Hold you responsible for damage. If your ESA damages the property beyond normal wear and tear, you’re liable — same as any other damage a tenant causes.

How to Request an ESA Accommodation: Step by Step

Getting this right from the start prevents most problems. Here’s the process:

Step 1: Get a Valid ESA Letter

You need a letter from a licensed mental health professional (therapist, psychologist, psychiatrist, or licensed clinical social worker) that states:

• You have a mental health condition recognized in the DSM-5
• The condition substantially limits at least one major life activity
• An emotional support animal is part of your treatment plan
• The provider’s license number, state, and contact information

The letter should be on professional letterhead and dated within the last year. For a detailed breakdown of what should be in your letter, check our ESA letter template and examples guide.

Wondering about cost? ESA letters typically range from free (through your existing therapist) to $150-$250 through legitimate telehealth services. We break down all the options in our ESA letter cost guide.

Step 2: Submit a Written Request

Put your accommodation request in writing. Email works — it creates a paper trail. Keep it simple:

“Dear [Landlord/Property Manager],

I am writing to request a reasonable accommodation under the Fair Housing Act. I have a disability-related need for an emotional support animal. Attached is a letter from my licensed mental health professional confirming this need.

Please let me know if you need any additional information to process this request.

Thank you,
[Your Name]”

Step 3: Give Them Reasonable Time to Respond

There’s no specific timeline in federal law, but HUD considers 10 business days reasonable. If you haven’t heard back after two weeks, follow up in writing.

Step 4: Document Everything

Save every email, text, and letter. If you have phone conversations, follow up with a confirmation email: “Per our phone call today, you confirmed that…” This documentation becomes critical if you ever need to file a complaint.

Common Landlord Pushbacks (And How to Handle Them)

“We don’t allow pets.”

Response: “I understand you have a no-pet policy. However, my emotional support animal is not a pet — it’s a reasonable accommodation under the Fair Housing Act. I’ve attached my ESA letter from a licensed provider.”

“You need to pay a pet deposit.”

Response: “Under the Fair Housing Act, landlords cannot charge pet deposits, pet rent, or pet fees for emotional support animals. I’m happy to provide documentation of my ESA if you haven’t received it yet.”

“We don’t accept ESA letters from online providers.”

Response: “HUD allows landlords to verify that the provider is licensed, but you cannot blanketly reject all telehealth-issued letters. My letter is from a provider licensed in [state] who conducted a proper evaluation.”

“Your dog is too big for this apartment.”

Response: “Breed, size, and weight restrictions in pet policies do not apply to emotional support animals under the Fair Housing Act.”

“We need to see your medical records.”

Response: “I’m not required to share my medical records. The ESA letter I provided is the appropriate documentation under HUD guidelines.”

What to Do If Your Landlord Denies Your ESA

If your landlord refuses to accommodate your emotional support animal despite a valid ESA letter, you have several options:

1. File a HUD Complaint

You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) for free at hud.gov. HUD investigates fair housing complaints and can take enforcement action against landlords who violate the FHA.

The deadline: you must file within one year of the discrimination.

2. File a State or Local Fair Housing Complaint

Many states have their own fair housing agencies with additional protections. Some states — like California, New York, and Illinois — have ESA laws that go beyond federal requirements.

3. Consult a Fair Housing Attorney

Many fair housing attorneys offer free consultations and work on contingency. If your landlord violated the FHA, you may be entitled to damages, including compensation for emotional distress, moving costs, and attorney’s fees.

4. Contact a Local Fair Housing Organization

The National Fair Housing Alliance can connect you with local organizations that provide free assistance with housing discrimination cases.

State Laws That Add Extra Protection

Several states have passed their own ESA housing laws that provide additional protections beyond the federal FHA. Here are some notable examples:

• California: Landlords must respond to ESA requests within 30 days. The state also prohibits landlords from requiring specific documentation formats.
• New York: Stronger penalties for landlords who violate ESA accommodations, including punitive damages.
• Virginia: As of 2024, landlords face penalties up to $500 for improperly denying ESA accommodations.
• Colorado: Added protections against retaliation — landlords cannot raise rent, reduce services, or threaten eviction after an ESA request.
• Texas: HB 4164 introduced penalties for fraudulent ESA letters, but also clarified tenant protections under the FHA.

Check your state’s specific laws, as they may offer protections that go beyond what’s described in this guide.

ESA Housing Rights: Special Situations

College Dorms and University Housing

Yes, the FHA applies to most college and university housing. If you need an ESA in your dorm, you typically submit your request through your school’s disability services office rather than directly to housing.

HOAs and Condos

Homeowners associations and condo associations are covered by the FHA. They cannot enforce no-pet rules or breed restrictions against emotional support animals with valid documentation.

Airbnb and Short-Term Rentals

This is murkier. The FHA generally doesn’t apply to short-term vacation rentals, especially those operated by individual owners. However, some state and local laws may provide protections. When in doubt, contact the host before booking.

Multiple ESAs

You’re not automatically limited to one ESA. If your mental health provider determines you need more than one emotional support animal, the landlord must consider each request individually. However, multiple animals are more likely to face scrutiny, and your provider should clearly explain why each animal is necessary.

Red Flags: How to Spot ESA Letter Scams

Unfortunately, the ESA letter market is full of scams — and illegitimate letters hurt everyone, including tenants with genuine needs. Watch out for:

• Letters from unlicensed providers. HUD’s 2020 guidance specifically flags letters from providers who aren’t licensed in your state.
• “Instant” letters with no evaluation. A legitimate provider needs to conduct some form of assessment.
• ESA “registries” or “certifications.” These have no legal standing. Don’t pay for them.
• Letters that don’t include the provider’s license information. A valid letter must include the provider’s name, license type, license number, and state of licensure.

For help identifying legitimate services, read our guide on what ESA documentation is actually required.

Frequently Asked Questions

The Bottom Line

The law is clear: if you have a legitimate emotional support animal and a valid ESA letter, your landlord must accommodate you. No pet deposits. No breed restrictions. No “we don’t allow pets” runaround.

But rights only work if you exercise them properly. Get a legitimate ESA letter. Submit your request in writing. Document everything. And if your landlord still says no, you have real legal options to enforce your rights.

Start with the basics: if you don’t have an ESA letter yet, our complete guide to getting an ESA letter walks you through every step of the process.