Emotional support animals (ESAs) play a vital role in supporting individuals with mental health conditions. While some people mistakenly think they are just pets, ESAs are actually prescribed by licensed mental health professionals to provide therapeutic comfort. Because of this, they enjoy certain legal protections under housing laws, unlike regular pets.
But one question often arises: Do landlords have to accept emotional support animals? The short answer is yes, in most cases. However, there are important exceptions and rules that both landlords and tenants should understand.
This article breaks down everything you need to know about ESA housing rights, including when landlords must accommodate ESAs, when they can legally say no, and how tenants can protect their rights.
What Is an Emotional Support Animal?
An emotional support animal is a companion animal that helps ease the symptoms of mental or emotional disabilities. Unlike service animals, ESAs don’t need special training to perform tasks. Instead, their presence alone provides comfort, stability, and mental health benefits.
To qualify for an ESA, individuals must obtain an ESA letter from a licensed therapist or mental health professional. This letter works much like a prescription, confirming that the animal is part of the person’s treatment plan.
Emotional Support Animals vs. Service Animals
It’s common to confuse emotional support animals with service animals, but legally they are very different:
Service animals (usually dogs) are specially trained to perform specific tasks related to a disability, such as guiding the blind or alerting to seizures. They are protected under the Americans with Disabilities Act (ADA) and allowed in public spaces.
Emotional support animals, on the other hand, don’t require training and are not granted public access rights. Their protection mainly applies to housing under the Fair Housing Act (FHA).
Additionally, ESAs can be almost any type of animal, from dogs and cats to birds or even rabbits, whereas service animals are limited to dogs (and in rare cases, miniature horses).
Do Landlords Have to Accept Emotional Support Animals?
Yes, in most cases, landlords are required by law to accept emotional support animals. Under the Fair Housing Act (FHA), property owners must make “reasonable accommodations” for tenants with disabilities, which includes allowing ESAs even in buildings with strict no-pet policies.
This means that landlords cannot:
Deny housing because of an ESA
Charge extra pet deposits or monthly pet rent
Enforce breed, size, or weight restrictions
However, the accommodation must be reasonable. For instance, an ESA that poses a direct threat to others or causes major property damage may not be allowed.
When Can a Landlord Deny an Emotional Support Animal?
Although landlords generally must accept ESAs, there are limited exceptions where denial is legally allowed:
Health or safety risks – If the ESA is aggressive or dangerous to others.
Property damage – If the animal causes significant structural damage or poses an unreasonable financial burden.
Invalid or fake ESA letter – Tenants must provide a legitimate ESA letter from a licensed mental health professional.
In all cases, landlords need real evidence—not stereotypes or assumptions—to deny an ESA.
FAQs About Emotional Support Animals and Housing
Can landlords deny an ESA letter?
Not if the letter is valid and signed by a licensed mental health professional. Fake or outdated ESA letters, however, can be rejected.
How many ESAs can you have?
There’s no strict limit, but requests must be reasonable. For example, five large dogs in a studio apartment may be denied.
Are ESAs exempt from breed restrictions?
Yes. Since they are not considered pets, ESA breed restrictions do not apply under housing law.
Conclusion
To sum it up, landlords usually must accept emotional support animals as long as the tenant has a valid ESA letter. The Fair Housing Act ensures that tenants with mental health disabilities can live with their emotional support animal, even in no-pet housing.
Still, landlords may legally deny an ESA in rare cases involving health, safety, or property concerns. Both tenants and landlords should know their rights and responsibilities to avoid legal disputes.
