Emotional support animals make excellent companions for people who have mental health disorders like anxiety, depression, and PTSD. In fact, the presence of an ESA alone is often enough to relieve some of these symptoms, especially when prescribed alongside therapy, medications, and other treatment options. Plus, an ESA can be just about any animal, making them a flexible choice for most people.

That said, ESAs are not service animals and don’t have protections under the same laws. While they are protected under the Fair Housing Act (FHA), they don’t have protections under the Americans with Disabilities Act (ADA) or other similar laws. For this reason, it’s important to learn more about ESA housing laws and how they are handled.

What Is an Emotional Support Animal?

Emotional support animals, also known as ESAs, are support animals that provide emotional support to people who need it. Most ESAs will provide support by just being present, which is helpful for people who are struggling with anxiety, depression, and other mental health disorders. What’s more, an ESA can be any type of animal as long as they’re friendly and not destructive towards property.

That said, for an ESA to be legitimate there needs to be an ESA letter. This is a unique letter that has to be written and approved by a licensed mental health professional. The mental health professional must sign the letter and describe why having one is good for your health. ESA letters will also include personal details about you and your pets.

Understanding ESA Housing Laws: The Fair Housing Act

The primary laws that govern ESAs are housing laws outlined in the Fair Housing Act (FHA). It basically states that tenants are allowed to live in otherwise non-pet-friendly housing with their ESA without paying a fee. All a tenant needs is an ESA letter which functions as a prescription for that animal.

Without an ESA letter, these animals have no protections and landlords can deny them. However, with an ESA letter present an ESA can live with a tenant as long as they’re well-behaved.

Are There State ESA Housing Laws?

Yes, in some states there are unique ESA housing laws. However, states have to follow federal guidelines, so ESAs are handled much the same way in most states. That said, some states may have unique limits, like California which requires a licensed mental health professional to have a professional relationship with a client for at least 30 days before writing an ESA letter.

What Happens if Landlords Don’t Comply With an ESA Letter?

Landlords are legally required to allow tenants to live in their properties with an emotional support animal. This is due to protections outlined in the Fair Housing Act (FHA). If landlords don’t allow tenants to live on the property or attempt to charge fees, tenants are able to sue the landlord or even file a complaint with the United States Department of Housing and Urban Development.

Can Landlords Reject an Emotional Support Animal?

Landlords can reject an emotional support animal, although this is unlikely to happen in most cases. The only time a landlord can reject an ESA is if the tenant is unable to provide them with an ESA letter or if the animal is not well-behaved or threatening.

Some examples of this include:

• The animal is illegal to own in your current state.
• The ESA is damaging property.
• The ESA is scaring other tenants.
• The ESA letter that’s presented is fake.
• The emotional support animal is too big for the housing unit; like a massive dog in a studio apartment.

Overall, if your animal is well-behaved and you have a legitimate ESA letter, you shouldn’t have to worry about landlords denying your animal.

Our Final Thoughts on ESA Housing Laws

Every state has its own unique take on emotional support animals and housing laws. While every state follows federal guidelines outlined in the Fair Housing Act, it’s still important to read up on state guidelines as well.

What’s more, you also need to stay up-to-date on ESA laws as they do tend to change over time – it was only recently that ESAs lost protected status on airlines, for example. Thankfully, most ESA laws pertain to housing, so if you have an ESA letter, you shouldn’t have too much to worry about.