Housing Act (FHA) requires them to permit ESAs, provided the owner has the appropriate certification. However, there are specific exceptions to this rule that may justify a landlord’s denial of an ESA. Can a Landlord Legally Reject an Emotional Support Animal?Can a Landlord Deny an Emotional Support Animal?
Landlords can refuse emotional support animals only in certain situations. A blanket no-pet policy isn’t sufficient justification. However, there are specific circumstances in which a landlord may lawfully deny an ESA. Generally, landlords are required to accommodate tenants with ESAs, yet exceptions exist.
The most common reasons for denying an emotional support animal include the animal posing a danger or the request being deemed unreasonable. “
Reasonable” typically means the animal is well cared for and does not disrupt other tenants’ rights. The primary situations in which a landlord can lawfully refuse an ESA are outlined below.
When Can a Landlord Legally Reject an ESA?
1. The Pet is Dangerous
The primary reason a landlord can lawfully refuse an ESA is if the animal poses a danger. Specifically, if an emotional support animal has a history of attacking people or displaying threatening behavior, the landlord may reject the request.
2. Allergies
Another reason a landlord might refuse an ESA is the presence of allergies. If either the landlord or someone else in the building is allergic to a specific pet, this could be considered a violation of others’ rights and may justify denial.
When allergy concerns limit an ESA, the landlord should talk with the tenant to find solutions. The landlord should show a good-faith effort to comply with the FHA.
3. Housing the Animal is Physically Unreasonable
If your ESA needs special accommodations that are impractical for the building, the landlord can deny your request. For example, a landlord may refuse if the ESA is exotic. They may also refuse if it poses health or safety risks.
A landlord may refuse if the ESA is too large. For instance, a horse may be too large for a small apartment.
4. Your Emotional Support Animal Letter is Out of Date
If it has been over a year since you received your ESA letter, or if your doctor’s contact information is too old, your landlord might ask you to renew it. Refusing or failing to update the letter could result in your ESA being denied.
5. Property Damage
If the ESA might cause significant and irreparable damage to the property, the landlord has the legal right to refuse the animal. Landlords can consider past instances of property damage by the ESA.
6. Undue Burden or Financial Hardship
If complying with the ESA would place an excessive financial strain on the landlord, they might be justified in denying the request. This situation usually affects small landlords or those with limited financial means, and it’s uncommon for a landlord to refuse an emotional support animal solely on this basis.
Is It Illegal To Deny an Emotional Support Animal?
Denying an ESA is illegal unless the landlord has a valid reason. Under the Fair Housing Act, landlords and property managers must provide reasonable accommodations to individuals with a disability as defined by the Americans with Disabilities Act.
Many landlords will ask for an ESA letter—an official document from a doctor or mental health professional that confirms the owner’s mental health condition and the necessity of an emotional support animal.
However, there are situations in which allowing an emotional support animal is unreasonable, allowing the landlord to refuse the request.
Bottom Line
While landlords generally must accommodate ESAs under the Fair Housing Act, they may legally refuse to accommodate an ESA in certain situations. These include instances where the animal poses a direct threat, causes significant property damage, creates an undue burden, fundamentally changes the housing, or lacks proper documentation.
However, denying an emotional support animal solely because the landlord does not want pets is illegal. Landlords should handle rejection cases carefully and consult legal experts to ensure they comply with housing laws.
