Emotional support animals are protected under the Fair Housing Act. The law prohibits landlords and housing managers from denying housing to individuals with emotional support animals, even if the lease or rental agreement has a no-pet policy.
While the law is clear about the housing rights of individuals with an emotional support animal, those with an ESA letter must inform their landlords with a copy of their ESA letter. If you’ve just received your ESA letter and are wondering how to present it to your landlord, read to the end to learn about the process.
What Is an Emotional Support Animal?
An emotional support animal can be any pet an individual with a psychiatric disability has with a valid ESA letter. This legal document is essentially a prescription written by a licensed mental health professional that recommends an emotional support animal to the individual to ease their symptoms.
Since individuals with a psychiatric disability need their emotional support animal for their condition, the Fair Housing Act protects their rights to be with their owners. With an ESA letter, these individuals can live with their emotional support animal even if their lease or rental agreement has a no-pet clause.
While these rights ensure that individuals with a psychiatric disability can live with their emotional support animals, it’s worth noting that they don’t have public access rights like service animals do. Emotional support animals, like pets, are subject to pet restrictions in public places like restaurants, government buildings, and so on.
Do I Have to Inform My Landlord About My ESA?
If you have an emotional support animal, you must inform your landlord about their presence. While it is typical for tenants to think that their landlords might reject it, know that landlords and housing managers are required by law to accept your emotional support animal in most cases.
Besides, transparency with your landlord is a great way to build a good long-term relationship.
You can inform your landlord about your emotional support animal by providing a copy of your ESA letter. If you’ve gotten your emotional support animal registration done, you’ll get a ton of extra benefits. However, showing an Animal ID card won’t be enough. ESA owners are required by law to provide a copy of their ESA housing letter to their landlords.
How to Present Landlord Emotional Support Animal Letter
As a tenant, you can provide your ESA letter in person or in writing. Many ESA owners choose to inform their landlords via email to keep proof that they’ve provided a copy of their ESA letter to their landlords. Nonetheless, how you present your ESA letter to your landlord doesn’t matter as long as they get a copy of it.
After receiving your ESA letter, your landlord must make reasonable adjustments to accommodate your emotional support animal, such as changing the no-pet clause in the lease. However, a few exceptions can grant your landlord the right to deny your request for reasonable accommodation for your ESA.
Can Landlords Reject an ESA?
Yes, landlords can reject an emotional support animal. However, they can’t simply refuse an ESA because they don’t want pets. Landlords must have a justifiable reason.
Here are a few of the common reasons for a landlord to deny an emotional support animal.
- Size: The emotional support animal is too large for the unit, such as a miniature horse for a studio apartment.
- Financial Burden: The emotional support animal damages the property, which puts a financial burden on the landlord.
- Health Risks: The emotional support animal’s presence poses significant health risks to other tenants in the building.
- Aggressive ESA: The emotional support animal acts aggressively towards other tenants.
- Invalid ESA Letter: The tenant has an invalid ESA letter.
Sending Landlords Emotional Support Animal Letter
You don’t need to take specific action when informing your landlord about your emotional support animal. All you need to do is send them a copy of your ESA letter to let them know that you require an emotional support animal for your condition.
While most landlords know housing laws and are willing to accommodate an emotional support animal, some may not. If your landlord unlawfully rejects your ESA, you can file a complaint with the Department of Housing and Urban Development. You can also seek legal assistance from emotional support animal registries like USServiceAnimals.
