Emotional support animal letter to a landlord

Humans are inherently social. Loneliness and disdain can sometimes hurt a person more than sticks and stones. And the reverse is true too. There are few things in life that can help us more than love and care. And there are creatures that give their love unconditionally, be it a jovial dog or an adorable kitten. That’s why many mental health professionals may recommend an ESA and provide documentation (ESA letter) if clinically appropriate. It can be any breed or species, it doesn’t require any training or certification, the number of ESAs must be reasonable and clinically justified; multiple ESAs may be allowed if each is necessary..

An animal with an ESA status enjoys some protections under the law. Airlines are not required to treat ESAs as service animals; most apply standard pet travel policies. But the main advantage is housing. Landlords generally must provide reasonable accommodation for ESAs, except in cases of direct threat, undue burden, or fundamental alteration. Also, you don’t have to pay a deposit or a fee for a pet. ESA is not just a pet, legally speaking. By the way, though ESA status does not require certification or training, you can’t just claim that your dog is an ESA. You need to provide an emotional support dog letter to landlord before you ask for accommodation.

US fair housing laws, namely the Fair Housing Act (FHAct) and Section 504 of the Rehabilitation Act both grant protection to people requiring ESA’s. In both documents, ESAs fall under reasonable accommodations that landlords have to provide to the disabled people. But the question often arises: Can a landlord refuse an emotional support animal? Yes. Let’s discuss specifics.

When can a landlord legally reject an ESA?

There are two main categories of cases where a legitimate ESA request can be denied. One comes into play when a property in question is not subject to fair housing laws. Another when the request for ESA is considered unreasonable or becomes such. Let’s get types of housing out of the way first.

Types of housing that allow ESAs

Section 504 applies to federally funded housing; FHA applies broadly but exempts owner-occupied small units, single-family homes rented without a broker, and some religious housing. Exemptions vary by state.

Lastly, hotels and short-term lodging are not covered by FHA. College housing is usually covered by FHA, though policies vary by institution.

Unreasonable accommodation

A housing provider is mandated by law to give your ESA reasonable accommodation. Well keeping a hamster cage in your room seems pretty reasonable, while having a tiger frolic through the backyard is probably not. But what is in between, what are the criteria and the limits of reasonableness in accommodation. Let’s discuss this.

Whether your request is reasonable or not, it will essentially come down to the decision of the Department of Housing and Urban Development. It is a body tasked with reviewing housing disputes. They generally exercise fair and common-sense judgment. And they have the following guidelines.
The definite no-no is when an animal poses danger or can cause harm to a landlord or other tenants. It must not be based on breed or species though. They can’t just claim that Pitbulls are dangerous. However, it’s different if your particular animal has a history or exhibits aggressive behavior. Or god forbid, mauls someone than you can be denied or even get evicted. Also, If another tenant has a severe allergy, the landlord must try to accommodate both parties; in some cases, this may limit ESA approval.
And then we go to the murky territory. An assistance animal can’t pose a significant added cost to a landlord. It can be the case that If accommodating an ESA imposes a significant, verifiable financial or administrative burden (e.g., insurance provider refuses coverage), landlords may deny.

Also, if your animal requires a massive modification to the property or modification that would change the function of a property. For example, making a small hatch in a door, so your cat can come and go as it pleases, is totally reasonable. But, landlords may deny if an ESA requires major property modifications or fundamentally alters the housing.

In general, don’t ask for anything ridiculous, and a landlord will have no grounds to deny you.

Apart from these guidelines, there is also an issue of neglect. There were cases where tenants may face eviction if they neglect or abuse an ESA, creating health or safety hazards.. Remember an animal is not a toy, it needs to be looked after and properly taken care of. It should be well-behaved and not cause much distress to other tenants. Also, remember to vaccinate it, as an unvaccinated animal can be considered a health hazard and thus be a cause for eviction.

And lastly, you obviously need to provide a valid emotional support animal housing letter. Many landlords request recent documentation (often within 12 months). ESA letters must be issued by a licensed mental health professional in the tenant’s state.

What’s an emotional support animal housing letter?

It’s a document signed by a licensed mental health professional stating you have a disability and that an ESA is needed to alleviate symptoms; the letter should not disclose your specific diagnosis. With it, you can enjoy it in most housing situations covered by the FHA, subject to reasonable accommodation rules. Take care!