Emotional Support Animal Rental Laws

Do landlords have to accept emotional support animals (ESAs)? The answer lies in the laws governing ESAs in rentals. Conversations about these animals can be sensitive for both landlords and tenants during the rental application phase. No landlord wants a renter to file a discrimination claim with them, so this can feel like a slippery slope.

Understanding the different Fair Housing laws that apply is your best defense. Let’s explore everything landlords need to know about renting with assistance animals, including the application process, compliance requirements, and more.

What is an emotional support animal?

Emotional support animals are companions that have a beneficial effect on individuals diagnosed with mental health challenges, including depression and anxiety. Their presence helps people with psychological conditions feel calm and comfortable, which can aid in treating and managing their conditions.

Did You Know? As long as the animal can be reasonably accommodated within a home and doesn’t cause a disturbance to others, an ESA can be any type of common household animal. In most cases, they’re dogs or cats. However, rabbits, guinea pigs, and even reptiles can serve in that role. Some of the more unique examples include llamas, alligators, and peacocks.

The Difference Between Emotional Support Animals and Service Animals

What’s the biggest difference between the two? ESAs are not specifically trained. Under federal law, service animals are working animals trained to perform specific tasks for individuals with disabilities, whereas emotional support animals provide companionship and emotional support.

Here are a few quick facts to know:

• ESAs do not require any specific training.
• The Fair Housing Act (FHA) protects these animals and their owners against discrimination.
• The Americans with Disabilities Act (ADA) does not cover them.
• To qualify for pet-rent and pet-fee-free housing, renters must provide a note from a licensed mental health professional.

In contrast, service animals:

• Are trained to perform an essential function for their owners who need assistance due to physical, mental, or emotional disabilities.
• Are given extensive legal protections by the FHA and the ADA.
• Require rigorous training to provide medical services to a person with a disability.

Legal Protections for ESA Animals and Renting 

The law grants these animals fewer legal protections than service animals, but they do have more legal privileges than regular pets. Here’s what landlords need to know about the two main ESA laws: the Fair Housing Act and the Americans with Disabilities Act.

The Fair Housing Act (FHA) 

The Fair Housing Act prohibits landlords from discriminating against renters based on their animals. You also can’t charge extra deposits or pet rent. Landlords can’t deny applicants based on their animal’s breed, weight, or size (Fair Housing Act).

Pro Tip: Learn more about the Fair Housing Act to avoid catching a discrimination charge in this Fair Housing for Landlords course.

The Americans with Disabilities Act (ADA) 

The Americans with Disabilities Act protects disabled persons from discrimination in all areas of their lives. However, ADA regulations don’t apply to ESAs. The ADA only protects service animals that provide essential care for individuals with disabilities (Americans with Disabilities Act).

State-by-State Highlights: ESA Rental Laws 

While the federal baseline (via the Fair Housing Act) applies nationwide, some states have introduced stricter rules to address fraud and misuse.

• California: Mental health providers must have a minimum 30-day relationship with the individual before issuing an ESA letter, and any provider offering service animals marketed as ESAs must include a disclosure that the animal is not a service dog (Cal. Civ. Code § 54.1; AB 468).
• Colorado: Colorado law adds state protections for assistance animals on top of federal rules with the Colorado Anti-Discrimination Act (CADA), which prohibits landlords from denying housing or imposing extra fees for a properly documented ESA (Colo. Rev. Stat. § 24-34-502).
• Florida: Florida law criminalizes the submission of false documentation for an ESA in housing accommodations, making it a second-degree misdemeanor punishable by jail, fines, and 30 hours of community service (Fla. Stat. § 817.265).
• Kansas: Housing providers may not require special liability insurance, impose pet fees or deposits for a tenant’s valid assistance animal, or deny the accommodation unless it poses a direct threat or would cause substantial damage (KS SB 360).

These state-level laws mean that when screening potential tenants with accommodation requests, landlords should check not only the federal requirements but also the state law in their jurisdiction.

Applying to Rent With an Emotional Support Animal: How It Works

So, what happens when a renter with an ESA submits a rental application for a property that has a “no pets” policy? They’ll need to show proof that a mental health professional medically prescribed their animal. That’s where an ESA housing letter comes in.

An ESA housing letter is a written statement signed by the renter’s mental health practitioner. Applicants use it to prove their animal companion is essential to their well-being and recovery. It can be signed by:

• Doctors
• Physician assistants
• Psychologists
• Social workers
• Peer support group members
• Non-medical service agencies
• Reliable third parties who are aware of the condition and can attest to the individual’s needs

Emotional Support Animal Housing Letter Checklist

Some landlords have their own form they like to distribute to applicants. Whether you use your own template or the renter provides documents, the letter must follow specific rules. Here’s what to look out for when reviewing support animal letters:

• A statement confirming the applicant’s need for an ESA
• A statement indicating how long the applicant has been a patient/group member
• The signature of a medical professional, social worker, peer support group, or another reliable party

Renters are not required to disclose why they need their ESA or explain their condition to landlords.

4 Ways the FHA Protects Renters with ESAs

Here’s a quick recap of how the fair housing laws protect renters with ESAs. The FHA prohibits landlords from:

• Discriminating against applicants based on the animal, or its weight, size, or breed
• Requiring an ESA to undergo training
• Deny housing to renters with an approved animal (even if property insurance doesn’t cover them)
• Collect any kind of extra rent or deposits for having ESAs

However, landlords can hold tenants responsible for any damage caused by their animals.

What happens if a landlord doesn’t comply with an ESA housing letter?

When you have a “no pets” policy, renting to a tenant with an assistance animal can be a trying experience for both parties. It’s essential to communicate respectfully and comply with the laws regarding emotional support animals.

If landlords refuse housing based on an applicant’s ESA, tenants have the right to:

• Sue the landlord for discrimination.
• File a complaint with the organization overseeing the FHA, the U.S. Department of Housing and Urban Development (HUD).

Ultimately, it’s an undesirable outcome for all parties involved. It’s always best to try to reach an agreement before escalating the situation.

Do landlords have to accept emotional support animals?

As we’ve discussed, emotional support animal rental laws prohibit landlords from denying applicants solely because of an emotional support animal and require landlords to provide reasonable accommodations.

However, there are circumstances in which landlords may reasonably deny applicants with one or more of these conditions. Here’s what you need to know:

When can a landlord legally reject an ESA?

• The tenant is unable to submit an ESA housing letter.
• It is illegal to own the animal in that state.
• The ESA is destructive to the property.
• The tenant submits a fake ESA housing letter (if the mental health practitioner doesn’t sign and date it on their official office letterhead, it could be a phony document).
• The animal is too large to be housed humanely in the unit (For example, an emotional support horse in a 17th-story apartment).
• The animal displays threatening behavior or endangers other residents.

Resources on Emotional Support Animal Rental Laws

Care for some continued reading? Here’s a list of documents you can use to answer any additional questions about ESA animals and renting:

• Service Animal and ESA Booklet: Americans with Disabilities Act (ADA) National Network
• FAQs about Service Animals and the ADA: The U.S. Department of Justice Civil Rights Division
• Service Animals and Assistance Animals: The U.S. Department of Housing and Urban Development

The Final Word

ESA animals and renting laws can feel like a confusing gray area. Their protections fall somewhere between those of regular pets and those of service animals. However, landlords and tenants should always:

• Communicate respectfully.
• Remember the rule of reasonable accommodation.
• Try to work together to solve any rental issues.

Practicing respectful, efficient communication with tenants is easy with TurboTenant’s instant messaging and automatic check-ins. We even store all your documents, including service animal housing letters. Sign up for your free account today to simplify your tenant-landlord relationship.

DISCLAIMER: TurboTenant, Inc. does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to review all applicable local, state, and federal laws and consult with legal counsel if any questions arise.

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