Written by For many renters, an emotional support animal (ESA) is much more than a pet. An animal can provide emotional support that helps a person cope with the effects of a disability and may make it possible for that person to live independently.
But what happens when a landlord has a “no pets” policy.
Can a landlord refuse an emotional support animal? Do you have to pay a pet deposit? Does your animal need to be certified? And how do you actually make a pet an emotional support animal?
The answers can be confusing because emotional support animals are treated differently from ordinary pets and differently from service animals.
Under the federal Fair Housing Act (FHA), an assistance animal can include an animal that provides emotional support that alleviates one or more identified effects of a person’s disability. In housing, an assistance animal is not considered a pet.
What Is an Emotional Support Animal?
An emotional support animal is an animal that provides support related to a person’s disability.
Unlike a service animal, an ESA generally does not need to be trained to perform a specific task. The animal’s presence and emotional support may help alleviate symptoms or effects associated with a person’s disability.
For housing purposes, HUD uses the broader term “assistance animal.” This can include animals that work, provide assistance, perform tasks, or provide emotional support related to a disability.
This distinction is important because people sometimes assume that an ESA is simply a pet with a special certificate.
It isn’t.
Can a Landlord Say “No Pets” and Still Have to Allow an ESA?
Potentially, yes, the landlord may have to make an exception to a no-pets policy.
The Fair Housing Act generally requires housing providers to make reasonable accommodations for people with disabilities when the accommodation is necessary to give the person an equal opportunity to use and enjoy their home.
Allowing an assistance animal can be one of those reasonable accommodations.
For example, if an apartment has a policy stating that no animals are permitted, a tenant with a disability may be able to request an exception so they can live with an assistance animal. HUD specifically identifies an exception to a no-pets policy as an example of a reasonable accommodation.
That does not, however, mean that every animal-related request must automatically be approved.
There are circumstances in which a housing provider may legally deny an assistance-animal request. HUD identifies circumstances including an undue financial or administrative burden, a fundamental alteration of the provider’s operations, a direct threat to health or safety that cannot be eliminated or reduced through another reasonable accommodation, or significant physical damage that cannot be eliminated or reduced through another reasonable accommodation.
Do You Have to Pay a Pet Deposit for an ESA?
Generally, a landlord cannot charge a pet fee or pet deposit simply because the animal is an assistance animal covered by the Fair Housing Act.
The reason is that an assistance animal is not treated as a pet for purposes of the reasonable accommodation.
HUD specifically lists waiving a pet deposit, fee, or similar pet rule as an example of a reasonable accommodation involving an assistance animal.
However, this does not give a tenant permission to avoid responsibility for actual property damage caused by the animal. An assistance animal does not give a tenant immunity from ordinary lease requirements or responsibility for damage.
How Do You Make Your Animal an Emotional Support Animal?
This is where there is a major misconception.
There is no official federal “ESA certification” that you purchase to turn your pet into an emotional support animal.
You generally do not need to buy an ESA registration, certificate, identification card, vest, or online “license.”
For housing purposes, the important questions are whether the person has a disability and whether there is a disability-related need for the assistance animal.
If the disability or need for the animal is not obvious, a housing provider may be permitted to request reliable information supporting the disability-related need. HUD’s guidance discusses documentation from a healthcare professional as one possible source of supporting information.
In practical terms, a renter who believes they need an emotional support animal should consider discussing the situation with an appropriate healthcare professional who is familiar with their circumstances.
If that professional determines that an animal is appropriate as part of addressing the effects of a disability, they may be able to provide documentation supporting the renter’s reasonable accommodation request.
Does an ESA Need Special Training?
Generally, an emotional support animal does not have to be individually trained or certified to perform a particular task for housing purposes.
HUD’s housing guidance distinguishes assistance animals from pets without imposing a general individual training or certification requirement.
That is different from the ADA’s definition of a service animal.
Under the ADA, a service dog must be trained to perform work or tasks directly related to a person’s disability. An animal whose sole function is providing comfort or emotional support is not a service animal under the ADA.
Housing is different.
The Fair Housing Act provides broader protections for assistance animals, including animals that provide emotional support related to a disability.
Does the Animal Have to Be a Dog?
No.
Dogs are the most common assistance animals, but housing protections are not limited to dogs.
HUD explains that assistance animals can include animals other than dogs when they meet the applicable requirements. The type of animal can matter, however, particularly when the animal is unusual for residential settings. Housing providers may consider factors such as whether the animal is commonly kept in a household and whether there are legitimate health, safety, or property concerns.
So a renter should not assume that simply calling any animal an ESA automatically gives the animal the same legal status.
Can a Landlord Ask for Documentation?
Sometimes.
If a disability and the need for the animal are obvious, a landlord generally should not demand unnecessary documentation.
When the disability or disability-related need is not apparent, however, HUD says a housing provider may be able to request reliable information supporting the reasonable accommodation request.
A landlord’s ability to request information does not mean they have unlimited authority to demand a renter’s entire medical history.
The documentation should generally be related to establishing the disability and/or the disability-related need for the animal.
What Should You Do If You Need an ESA in a Rental?
If you already have an animal and believe you need it as an assistance animal, or you are considering getting one, it is usually best to approach the process as a reasonable accommodation request, rather than simply telling the landlord that your pet is now an ESA.
A basic process might look like this:
1. Review Your Lease
Look at the sections dealing with:
- Pets
- No-pet policies
- Pet deposits and fees
- Breed or animal restrictions
- Reasonable accommodations
- Disability accommodations
A no-pets clause does not necessarily end the issue because the Fair Housing Act can require reasonable exceptions to housing policies.
2. Talk With an Appropriate Healthcare Professional
If you have a disability and believe an animal is necessary because of that disability, discuss your situation with a healthcare professional familiar with your needs.
You should not obtain documentation simply because you want to bypass a landlord’s pet policy. The purpose of the accommodation is to address a legitimate disability-related need.
3. Make the Request in Writing
A written request creates a record of what you asked for.
You can explain that you are requesting a reasonable accommodation under the Fair Housing Act to keep an assistance animal.
If documentation is appropriate, you can provide the supporting information requested by the housing provider.
4. Keep Copies of Everything
Save:
- Your accommodation request
- Any supporting documentation
- Emails with the landlord
- Letters or notices from the property manager
- The lease and pet policy
- Any response to your request
Keeping a written record can become particularly important if the request is denied or a dispute develops.
What If the Landlord Says “We Don’t Allow Emotional Support Animals”?
A landlord’s blanket statement that they have a no-pets policy does not necessarily answer the legal question.
The relevant issue may be whether the animal qualifies as an assistance animal and whether allowing the animal is a reasonable accommodation for a person with a disability.
A housing provider generally cannot simply refuse a reasonable accommodation because its normal policy prohibits pets. HUD specifically recognizes that an exception to a no-pets policy can be a reasonable accommodation under the Fair Housing Act.
At the same time, renters should not assume that every denial is automatically illegal. The particular facts matter, including the animal, the disability-related need, the documentation provided when appropriate, and any legitimate health, safety, property-damage, or other legal concerns.
What If the Landlord Threatens Eviction?
Do not ignore the situation.
If you receive a notice to vacate, eviction notice, lease violation, or other legal notice because of an assistance animal, consider getting legal advice or contacting a fair housing organization as soon as possible.
If you believe a housing provider has unlawfully denied a reasonable accommodation or discriminated against you because of a disability, HUD’s Office of Fair Housing and Equal Opportunity provides information about filing a housing discrimination complaint.
You can also check your state and local laws because additional protections may apply depending on where you live.
Emotional Support Animal vs. Service Animal
The terms are often confused, but they are not interchangeable.
| Emotional Support Animal | Service Animal | |
|---|---|---|
| Provides emotional support | Yes | May, but that alone is not enough |
| Must perform a disability-related task | Generally no | Yes |
| Covered by Fair Housing Act | Yes, when applicable | Yes |
| Covered as a service animal under ADA | Generally no | Yes |
| Requires federal certification | No | No |
| Housing may require reasonable accommodation process | Often | Often |
The important point is that housing law and public-access law are not the same thing.
An ESA may have housing protections under the Fair Housing Act even though it does not qualify as a service animal under the ADA.
Don’t Pay for an “ESA Registration”
One of the biggest misconceptions surrounding emotional support animals is that renters need to purchase an official government certification.
They don’t.
Be cautious about websites promising to “register” your pet as an ESA, sell an official-looking certificate, or provide identification that supposedly guarantees housing rights.
The legal issue is not whether you purchased an ESA certificate. The important issue is whether the requirements for an assistance-animal reasonable accommodation are actually met.
Renter Education Takeaway
If you have a disability and an animal provides emotional support that helps alleviate the effects of that disability, you may have the right to keep the animal in housing even when your landlord has a no-pets policy.
But an emotional support animal is not simply a pet that has been given an online certificate.
For housing purposes, the Fair Housing Act focuses on the relationship between the person’s disability, the need for the animal, and the requested accommodation.
A landlord may be required to make a reasonable exception to a no-pets policy and generally cannot charge a pet fee or deposit for an assistance animal simply because it is an animal. At the same time, legitimate exceptions and limitations can apply.
Because state and local laws can provide additional protections—and because individual housing situations can be complicated—renters facing a dispute should consider contacting a qualified housing attorney, legal aid organization, or fair housing agency.
Important: This article provides general information about U.S. housing law and is not legal advice. Federal, state, and local laws may differ, and some housing may be exempt from particular requirements.
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