When Can a Landlord Legally Reject an Emotional Support Animal?

Table of Contents

Can a Landlord Deny an Emotional Support Animal?
When Can a Landlord Legally Reject an ESA?
Is It Illegal To Deny an ESA?
When Can a Landlord Legally Reject an ESA Bottom Line

Can a Landlord Deny an Emotional Support Animal?

Yes, landlords can deny emotional support animals, but only under specific circumstances. Having a no pet-policy is not a valid reason, but there are a few scenarios where a landlord could rightfully deny an emotional support animal. While landlords generally must make reasonable accommodations for tenants with ESAs, there are exceptions where a landlord can refuse the animal. 

The most common circumstances under which a landlord can legally reject an emotional support animal are if the animal is dangerous or if the request for the ESA is unreasonable. The definition of “reasonable” in this instance means that the animal is well cared for and does not infringe on the rights of other tenants.

Here are the key situations in which a landlord can legally reject an ESA:

When Can a Landlord Legally Reject an ESA?

1. When the Pet is Dangerous
2. If the Pet Can Cause Allergies
3. Housing the Animal is Physically Unreasonable
4. Your ESA Letter is Out of Date
5. Property Damage
6. Undue Burden or Financial Hardship

1. The Pet is Dangerous

The most common reason a landlord can legally reject an ESA is that the animal is dangerous. Specifically, when an emotional support animal has a history of attacking other people or exhibiting behavior that is a threat to others, the landlord may deny the request.

2. Allergies

Another reason a landlord can deny an ESA is allergies. If the landlord or someone else in the building is allergic to a particular type of pet, this would be considered infringing on the rights of others and may be grounds for denial. If there are concerns about accommodating the ESA due to allergies, the landlord should engage in an interactive dialogue with the tenant to explore possible solutions or alternatives. This demonstrates a good faith effort to comply with the FHA.

3. Housing the Animal is Physically Unreasonable 

If your ESA requires special accommodations that are not realistic for the building, the landlord may deny your request. For instance, if the ESA is an exotic animal, poses unique health or safety risks, or exceeds reasonable size limits (e.g., a horse in a small apartment), the landlord may have grounds to refuse.

4. Your ESA Letter is Out of Date

If it’s been more than a year since you’ve obtained your ESA letter or the doctor's contact info who wrote it is not up to date, your landlord may require you to renew it. If you refuse or cannot get it updated, your ESA may be denied.

5. Property Damage

If the ESA is likely to cause significant damage to the property that cannot be mitigated through reasonable measures, the landlord can legally reject the animal. Evidence of previous property damage by the ESA can be a factor.

6. Undue Burden or Financial Hardship

If accommodating the ESA would impose an undue financial burden on the landlord, they may be able to refuse the request. This typically applies to small landlords or those with limited financial resources and it's fairly rare to see a landlord reject an emotional support animal for this reason.   

Is It Illegal To Deny an ESA?

Yes, it is illegal to deny an ESA unless the landlord has a valid reason. According to the Fair Housing Act, landlords and property managers must make reasonable accommodations for those who have a certified disability.

Many landlords will require an ESA letter, which is an official document drafted by a doctor or mental health professional that certifies the owner’s mental illness and the need for an emotional support animal. But there are circumstances when the request to house an emotional support animal may be deemed unreasonable, which means the landlord can deny the request. 

When Can a Landlord Legally Reject an ESA Bottom Line

While landlords must generally accommodate ESAs under the Fair Housing Act, there are specific circumstances where a landlord can legally reject an ESA. These include situations where the animal poses a direct threat, causes significant property damage, imposes an undue burden, fundamentally alters the housing, or lacks proper documentation. But if a landlord tries to deny an emotional support animal because they don't want pets in the building, that is illegal. Landlords should handle and situations where they reject an emotional support animal with care and seek legal advice to ensure compliance with housing laws.