What is an Emotional Support Animal?

An ESA is a companion animal that provides emotional support to individuals with mental or emotional disabilities. Unlike service animals, ESAs do not require specific training, but they do require a valid ESA letter from a licensed mental health professional.

Who qualifies for an ESA letter?

Anyone experiencing a mental or emotional health condition recognized by the DSM-5 may qualify, including anxiety, depression, PTSD, bipolar disorder, phobias, and many others.

Can my landlord refuse my ESA?

Under the Fair Housing Act, landlords must make reasonable accommodations for tenants with ESAs. They can only refuse if the animal poses a direct safety threat or would cause undue hardship to the property.

How long is an ESA letter valid?

ESA letters are typically valid for one year. We recommend annual renewal to ensure your letter remains current and compliant with your landlord's requirements.

Can landlords charge pet fees for an ESA?

No. Under the Fair Housing Act, landlords cannot charge pet fees, pet deposits, or pet rent for an Emotional Support Animal. An ESA is not considered a pet under federal law.

What Documents Are Required For Landlords To Accept An ESA?

A valid ESA letter from a licensed mental health professional (LMHP). The letter should be on official letterhead and include the provider's name, license number, license type, and state of licensure, as well as confirmation that the tenant has a qualifying condition and that the ESA is part of their treatment plan.

Can A Landlord Deny An ESA Based On Breed Or Size?

No — under the Fair Housing Act, landlords cannot deny an ESA request based on the breed or size of the animal. The only grounds for denial are if the animal poses a direct threat to the health or safety of others, or if accommodating the animal would cause undue financial or administrative burden.

What is the difference between an ESA and a Service Animal?

Service animals are trained to perform specific tasks related to a person's disability and are protected under the ADA in public spaces. ESAs provide emotional comfort and are protected under the FHA for housing. If your primary need is housing protection and emotional support, an ESA letter may be the right choice.

Housing Rights & Your ESA

Understanding your legal rights is the first step to keeping your emotional support animal with you at home. The Fair Housing Act protects you — and we make sure you're fully covered.

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Emotional Support Animals

What Do I Need to Know About Emotional Support Animals

Housing

Landlords are expected to accept documentation of emotional support animals and waive smoking along with their pets or similar restrictions, along with their owners, even in buildings that do not allow service animals. Employers are responsible for waiving policies or special accommodations whilst without additional consideration on top of that outside their landlord owns, though the landlord may be responsible for the service the animals to be in housing without additional recommendations results credible documentation from the tenant.

Employment

Employees can petition to appeal for a fair ESA accommodation to their employer and must provide documentation regarding their emotional support animal without undue hardship. The employer can suggest or require alternative accommodations unless the employee has provided documentation of their condition. However, employees cannot ask an employee on information regarding their disabilities or charges, paperwork or presentations.

Public Place

Service animals are allowed in public places, but emotional support animals must be controlled. Businesses don't necessarily need to accept ESAs unless there are direct legal requirements. If they are to be in the store at all times, they can be 2 positions at a time, to accommodate their guests with disabilities while avoiding other guests and shopping areas. However, businesses cannot ask an employee regarding their disabilities or charge for paperwork or presentations.

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Fair Housing Act (FHA)

What The Fair Housing Act Protects

The Fair Housing Act was initially established to protect people from housing discrimination. It later extended to include people with disabilities — including those who use emotional or mental health support animals. In addition to the common rental support animal, other animals are also eligible under the Fair Housing Act, including those with emotional conditions.

Fair Housing Act and Service Animals

Service animals are used by people with physical or mental disabilities. These animals typically dogs, are trained to perform specific tasks for an individual with a disability. For example: a dog that guides a blind person, one that alerts a deaf person, or an animal that goes with a person suffering from a condition that can result in sudden incapacitation in case of an attack such as epilepsy or cardiac arrest.

To Be Protected under the FHA:

You must have a valid ESA letter from a licensed mental health professional practicing in your state.
The letter must show that you have a mental or emotional disability and that your ESA helps with your condition.
Our licensed providers do full assessments based on your needs. If you qualify, your ESA letter will meet all state and federal housing laws.

Benefits of Having an ESA Letter from PawTenant

Thorough evaluation by licensed mental health professionals
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Compliant with Fair Housing Act for housing
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Fair Housing Act and Emotional Support Animals (ESA)

Emotional support animals (ESAs) provide comfort and help individuals with mental health conditions, as they increase their symptoms and improve their overall well-being. However, to legally have an ESA in housing, you need a valid ESA letter from a licensed mental health professional.

Landlord Obligations and ESA Accommodation

Emotional support animals (ESAs) provide comfort and assistance to individuals with mental health conditions. As a result, they need to be allowed where their owners live as part of the Fair Housing Act (FHA), which provides a way for people with disabilities to have equal access to housing.

To comply with the FHA, landlords must allow ESAs as a necessary accommodation for an individual with a disability. Landlords can ask for documentation such as an ESA letter from a licensed mental health professional. However, they cannot ask for detailed medical records, require a specific letter format, or charge extra fees for an ESA.

Dealing with Landlord Refusals

Options for Denial Accommodation: In some cases, despite presenting the necessary documentation and complying with the FHA, some landlords may deny or delay an ESA accommodation request. Should this happen, there are legal options available to individuals with disabilities who are facing housing discrimination, including those related to ESA accommodations requiring reasonable accommodation under the FHA.

Should you fail to get the housing you need, you can contact the HUD for guidance. The NFB often calls out but keeps to this in certain circumstances. By encouraging its activity by organizations, the NFHRC (NFHRC) can help navigate this process ensure your rights are protected.