Getting an emotional support animal brings a number of benefits to the pet owner. One of the most distinctive ones is the right to request housing accommodations with your ESA without paying pet fees or deposits, unless specific exceptions apply.
Housing discrimination is a well-known problem for all pet owners. Fortunately, there is a way to avoid that – obtaining a valid ESA letter from a licensed mental health professional. According to ESA laws, ESAs have housing rights under the FHA, but unlike service animals, they do not have public access rights under the ADA. Read more about the federal regulations in the field and make your choice.

Federal Fair Housing Act for emotional support animal: key points

The Federal Fair Housing Act (or FHAct for short) is a piece of legislation that protects Americans from discrimination in housing. But when it comes to emotional support animal laws, we are particularly interested in parts that pertain to assistive and service animals.

The Department of Housing and Urban Development (HUD) (an agency tasked with enforcing FHAct) considers ESAs to be a part of the assistive animal’s category. This means that when it comes to housing, HUD recognizes ESAs as assistance animals, granting them protections under the FHA similar to service animals in housing contexts. In particular:

• A property owner or a manager can’t deny your application, basing on the ground that you have an ESA;
• They also have to accommodate an ESA, regardless of ‘no pets’ policy;
• No pet fee or deposit can be charged for an ESA.
• Landlords must make reasonable policy accommodations for ESAs but are not required to make property modifications.
• ESAs must be allowed in residential units and common-use areas where tenants are permitted.

In case a property manager or owner fails to comply with the given regulations, is it considered a violation of the law. Such cases are filed to the HUD. You also can press your own discrimination charges in court.

But it’s also important to remember that there are cases where a landlord doesn’t have to accommodate an ESA or even can evict a tenant due to it. Notably if that’s a case when:

• An animal is a danger to a landlord or other tenants. Note that it can’t be based on the perceived danger of a species or breed, but rather on animal’s behavior or personal history.
• Accommodating an ESA would result in if the ESA causes substantial property damage.
• It will pose a significant if accommodating the ESA would impose a verified, undue financial or administrative burden because of a particularly large or dangerous animal.
• Such accommodation will change the nature of the landlord’s business. For instance, if accommodating the ESA would fundamentally alter the nature of the housing provider’s operations.

Please, note that in order to apply for ESA accommodation, you need to be able to provide a valid ESA letter for housing. Some landlords may request recent documentation; many providers recommend annual renewal, but requirements vary since signed by your licensed mental health professional.

Emotional support dog requirements

ESAs don’t require any special training, certification or registration. Also, no identifications like vests or badges are necessary. Similarly, there are no specific emotional support dog laws in place. However, an ESA is still subject to the laws on animal vaccinations, local animal registries and dangerous or aggressive dog regulations.

Housing providers cannot impose blanket breed or size restrictions, but they may deny a specific ESA if it poses a direct threat.

Here are some examples for you to grasp it better:

• Breed bans generally cannot be enforced against ESAs, unless the individual animal poses a safety risk.
• If your locale has regulations on dogs, exhibiting aggressive behavior, and your ESA pomeranian mauls a mailman, all consciences and sanctions of the law do apply.
• If your local government asks you to submit information about your ESA dog to an ESA registry, you can deny this request. Mandatory ESA registration is not legal.
• However, if they ask you to submit info to a dog registry because it’s a dog, you have to. If it’s mandated by law, that is.

When it comes to keeping animals, especially dogs, it is only appropriate to teach them good manners. Having a well-socialized and well-behaved dog is better for everyone, including your four-legged buddy. Vaccination is also mandated by law in some jurisdictions. Contact your local veterinarian’s office for exact details. And keep in mind that it’s a good idea to vaccinate a dog anyway. Don’t let your fluffy friend to get sick!

So what is this ESA letter for housing you’ve heard so much about?

Simply, it’s a letter from a licensed mental health professional, such as a psychologist, psychiatrist, therapist, or clinical social worker. In this letter, he or she confirms you have a disability and that an ESA helps alleviate symptoms — without disclosing specific diagnosis and you are in his or her care. And in order to be treated, you require an emotional support animal. In order to get one, An LMHP must determine you have a qualifying mental health disability; conditions vary and do not need to be explicitly disclosed: depression, ADHD, bipolar disorder, PTSD, schizophrenia, OCD, phobias, panic attacks, and many more included.
If you have one of the listed conditions, you need to get in touch with the licensed mental health practitioner, either live or online (using a telemedicine service like ours) and tell the details of your disability. LMHP may issue an ESA letter if they determine an ESA would help alleviate symptoms of your condition.
With a valid ESA letter, you are generally entitled to live with your ESA in housing with ‘no pets’ policies without fees or deposits, unless exceptions such as direct threat or undue burden apply. But what is more important, you would be able to stay close to your pet friend. And staying close to the ones you love matters most in the end.