When Can a Landlord Legally Reject an ESA?

In general, landlords can’t legally reject an emotional support animal, but some instances support the rejection. We have the legal stipulations here.
Written by Abbey Orzech
Reviewed by Melanie Reiff
Under the Fair Housing Act, landlords and property managers are legally not allowed to reject an emotional support animal except under reasonable circumstances such as unavailable housing or the emotional support animal has a history of threatening or violent behavior. 
Emotional support animals provide necessary relief for people struggling with mental, physical, or emotional health issues. Those with emotional support animals often cannot imagine their lives without their companion, so it can be quite jarring to be rejected from housing because of them. 
Although landlords and property owners are generally not legally allowed to reject a housing applicant simply because they have an emotional support animal, there are specific circumstances that can make their refusal legal. 
Here to break down when an ESA rejection is legal and when it’s discriminatory, is
Jerry
, the
top-rated insurance app
and your go-to guide on
renters insurance
savings.
RECOMMENDED
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
Find insurance savings
A landlord can legally reject an ESA under certain circumstances. Some of the most common reasons for an emotional support animal rejection are:
  • The animal is considered “dangerous” or has a past of violence or threatening behavior towards other people. 
  • The request is “unreasonable”. Sometimes the housing you’re applying for cannot reasonably be expected to provide physical accommodation for an ESA depending on what type of animal they are. ESAs can be any animal, so if you have an emotional support horse, for example, you may find it difficult to be approved. 
  • The ESA would infringe on the owner’s or another resident’s rights. For example, if someone in the building has severe allergies—and chose a no-pet residence for that reason—your ESA could aggravate those allergies. 
  • Your ESA Letter is out-of-date or otherwise invalid. ESA Letters must be written up and properly signed by a doctor or mental health professional and must be renewed regularly. 
  • The landlord or property manager would be assuming too great of a financial risk by allowing your ESA on the premises. For example, your ESA may have a history of property damage in your past residences. Since landlords cannot charge pet fees on emotional support animals, they would be responsible for paying the damages. 
MORE: The basics of pet liability insurance for renters
Compare renters insurance rates in minutes
* checking your rate won’t affect your credit score
Find Rates & Get Covered
* checking your rate won’t affect your credit score

Is it illegal for landlords to deny an emotional support animal?

Whether or not a landlord’s or property manager’s rejection of your ESA is illegal depends on the grounds for their rejection
In fact, the Fair Housing Act of 1968 was enacted to ensure landlords and property managers could not reject applicants on discriminatory bases. This covers factors like race, national origin, sexuality, gender, source of income, and disability—including mental, physical, or emotional illness. Emotional support animals, in this way, act as something closer to necessary medicine than a pet. 
Landlords and property managers are legally allowed to require an up-to-date ESA Letter demonstrating your need, but they are not legally allowed to require you to explain why you need the animal
If you feel that your housing application was denied based on a discriminatory practice, you can file a claim with the U.S. Department of Housing and Urban Development (HUD). You can find the
online complaint form here
.
Keep in mind that claims for rental housing need to be made within two years of the offense, and regular housing claims within one year

What to do if your ESA is rejected

As unfortunate as it is, landlords do sometimes reject applicants with emotional support animals. 
If they are refusing to work with you, there is nothing you can do if their rejection is reasonable or meets one of the criteria listed above. 
However, if you feel that their rejection is unreasonable and they refuse to work with you, you can file a claim with HUD. Be sure to get their rejection reasoning in writing if you decide to take this route. 

How to find the best renters insurance 

In any renting situation, it’s a good idea to get
renters insurance
so you’re covered if anything comes up. And whether or not pet damages are included in your insurance coverage depends on the kind of liability insurance you get. Let
Jerry
take the guessing out of securing your insurance! 
While the average renters insurance policy only costs a few dollars a month, the
most trusted insurance app
in the country, Jerry, can make sure that you find a renters policy that meets your needs
Simply download the app, answer a few questions, and the app will send you quotes that meet your needs. Once you make your choice, Jerry will take care of all of the paperwork—making savings and protection as easy as possible.  
Jerry
let me customize my preferred auto and renters insurance so that I saved $100. I never even considered looking into Travelers but now they’re my policyholders! This app rocks.” —Jamie A. 
RECOMMENDED
Thousands of customers saved on average $887/year on their car insurance with Jerry
This app is great, but the customer service is even better! Not to mention convenient! My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! Thank you so much for a hassle free experience👍
avatar
Gabriella R.
Find insurance savings
rating primary
4.7/5 Rating on App Store

FAQs

In general, landlords cannot legally reject emotional support animals. Under the Fair Housing Act, landlords and property managers cannot discriminate against housing applicants that need reasonable disability accommodations. 
However, there are certain circumstances in which their rejection is legal, like if the animal is considered “dangerous” or the housing can’t reasonably make physical accommodations for the animal.
You could save 15% or more on renters insurance by bundling
Bundle your renters and auto insurance with Jerry and save!
Try Jerry

Easiest way to compare and buy car insurance

√
No long forms
√
No spam or unwanted phone calls
√
Quotes from top insurance companies
Find insurance savings