What to Do if Your Landlord Does Not Accept Your Emotional Support Animal

If your landlord has said no to your emotional support animal, there’s no need to panic; HUD’s rules are on your side. In this article we’ll let you know what you need to do and provide templates for you to smooth communications with your landlord.

In this article:

• Step 1: Get the denial in writing with their specific reasons
• Step 2: Review your ESA letter and fix any issues
• Step 3: Address any legitimate concerns they might have
• Step 4: Give a clear response explaining your rights
• Step 5: File a complaint with HUD if they’re being unreasonable
• Don’t be Discouraged by Landlord Denials

Keep in mind that most but not all landlords are required to follow Fair Housing Act rules regarding ESAs. The law exempts: owner-occupied buildings with four or fewer units and single-family homes sold or rented without using a broker. If your landlord falls into one of these categories, they may legally be able to deny your ESA request, even with an ESA letter. 

For all other situations, this guide walks you through exactly what to say and do when facing unfair rejections and instances where you might need to make some changes.

Step 1: Get the Denial in Writing

If your landlord just told you “no” in person or over the phone, politely ask them to put it in writing. This isn’t being difficult — it’s smart. Having their reasons on paper will be super helpful if things escalate later.

Getting a written denial serves several important purposes:

• It creates a paper trail that documents exactly when and why your request was denied
• It prevents the landlord from changing their story later about why they said no
• It gives you something concrete to show HUD or a fair housing organization if you need to file a complaint
• It forces the landlord to think more carefully about their decision when they have to put it in writing
• It shows you’re taking the process seriously and know your rights

When asking for the denial in writing, stay friendly but firm. You’re not being unreasonable – this is a standard part of the accommodation request process.

Try saying something like: “I understand you’re concerned about my support animal request. Could you please email me your decision and reasons? I’d like to understand your perspective better so I can address any specific concerns you might have.”

If the landlord refuses to provide a written response, document the conversation yourself. Send an email or letter that summarizes your understanding of what was said: “As we discussed on [date], I requested accommodation for my emotional support animal, and you denied this request because [reasons given]. Please let me know if I’ve misunderstood anything about your decision.”

This creates your record of the denial while giving the landlord a chance to correct any misunderstandings — or to realize they should reconsider their approach.

When you get their response, read it carefully. Are they saying no for reasons that make sense, or are they just not understanding the law?

Good reasons they might say no could include if your ESA letter came from an unlicensed practitioner, if your dog has been scaring neighbors by lunging at them, or if you’re trying to pass off a pet alligator as an emotional support.

Bad reasons would be: “We don’t allow any animals, period,” “We only take service animals, not emotional support animals,” “Your dog is too big,” or “You’ll need to pay an extra $500 deposit.”

Step 2: Review Your ESA Letter and Fix Any Issues

Before responding to your landlord, you want to make sure you’re on solid ground by having an ESA letter that fully backs your right to have an emotional support animal. A proper ESA letter should come from a mental health professional who has actually evaluated your situation. It should explain that you have a condition that qualifies as a disability and confirm that the animal helps you.

Your ESA letter might be from an unqualified provider, the letter may not clearly state your disability and need for the animal, or your documentation has expired (in which case, you should ask your provider for a current evaluation and letter).

To fix these problems, get a proper letter from a licensed mental health professional, ensure the letter specifically connects your disability to the need for the animal, and keep documentation current with annual updates.

If your paperwork isn’t great, this is your chance to fix it. Talk to your therapist or medical professional about getting proper documentation. Better yet, click below to get connected with a licensed ESA specialist who can write compliant ESA letters.

How Can I Get an ESA Letter Online?

Get Your ESA Letter

Step 3: Address Specific Concerns Your Landlord Has Raised

When your landlord provides their denial in writing, they should specify their concerns about your emotional support animal. Before responding to the landlord, it’s important to take these concerns seriously and prepare materials to address each one. 

Safety or Health Concerns

• Contact your veterinarian to request up-to-date vaccination records, health certificates, and medical history
• Research professional trainers or animal behaviorists who could evaluate your animal if needed
• Draft a safety plan that addresses their specific concerns (e.g., keeping the animal leashed in common areas)
• Take photos of safety measures you’ve already implemented (secure enclosures, gates, etc.)

Property Damage Concerns

• Contact previous landlords to request a reference
• Gather documentation of your animal’s training and house-breaking status
• Draft a detailed maintenance plan (outlining grooming schedule, nail trimming routine, etc.)
• Prepare a proposed property inspection schedule that you can offer in your response

Noise Concerns

• Research and contact training programs for enrollment information
• Draft a detailed plan addressing how you’ll manage barking or other noise issues
• Research sound-dampening options appropriate for your living situation
• Make notes about your animal’s temperament to reference in your response

Concerns About Other Tenants

• Make notes of spaces your animal could reasonably avoid if absolutely necessary
• Plan a potential “meet and greet” approach you could suggest in your response

The goal in this step is to gather all necessary materials and develop solutions to address each concern before crafting your formal response. Taking time to prepare thoroughly shows you’re a responsible tenant and increases the likelihood of getting your accommodation approved when you present your case. 

Step 4: Give a Clear Response Explaining Your Rights and Solutions

Once you’ve addressed any legitimate concerns, write a clear, professional response that:

• Acknowledges their concerns
• Explains the specific steps you’ve taken to address each issue
• Provides evidence or documentation supporting your solutions
• Gently reminds them of your rights under the Fair Housing Act

Here are some examples of effective responses based on different landlord concerns:

Behavioral Concerns Response

“Thank you for your detailed response regarding my request for accommodation for my emotional support animal, Max. I understand your concerns about potential barking disturbing other residents, and I take these concerns seriously.

I’ve already enrolled Max in a professional training program at Happy Paws Academy that specifically addresses quiet behavior starting next Tuesday. I’ve attached the enrollment confirmation. In the meantime, I’m using management techniques like ensuring he gets plenty of exercise before I leave for work to minimize any disturbance.

I want to clarify that under the Fair Housing Act, emotional support animals are not considered pets but are reasonable accommodations for people with disabilities. I’ve attached my updated ESA letter from Dr. Johnson confirming Max’s role in managing my anxiety disorder.

I’m happy to provide updates on Max’s training progress and work with you to ensure he doesn’t create any issues for you or other residents. Would it be possible for us to schedule a brief meeting next week so you can meet Max and see his temperament firsthand?”

Documentation Concerns Response

“Thank you for reviewing my emotional support animal request and explaining your concerns about my documentation. I understand the importance of proper verification and appreciate your thoroughness in this matter.

I’ve reached out to my licensed therapist, Dr. Williams, to obtain the specific documentation you requested. She’ll provide an updated letter that includes her license information and contact information.

I’ll have this updated documentation to you by next Friday. In the meantime, I’ve attached Bella’s vaccination records and a reference from my previous landlord confirming her good behavior and lack of property damage.

I appreciate your patience as I work to provide the proper documentation and look forward to resolving this matter so that Bella and I can continue to have stable housing that accommodates my needs.”

Building Policy Concerns Response

“Thank you for your response to my emotional support animal request. I understand your building has a strict no-pets policy, and I appreciate the reasons behind such policies.

However, I wanted to clarify that under the Fair Housing Act, emotional support animals are not classified as pets but as assistance animals that provide necessary support for people with disabilities. The law requires housing providers to make reasonable accommodations to allow these animals, even in buildings with no-pet policies.

I’ve attached my ESA letter from Dr. Martinez, a licensed psychologist who has been treating my anxiety disorder for the past three years. This letter confirms my disability and the health benefits Luna provides me.

Luna is a well-behaved, house-trained dog who won’t cause property damage or disturbance. I’m happy to sign an agreement taking responsibility for any damages she might cause, though this hasn’t been an issue in my previous housing.

I look forward to discussing this further and finding a solution that respects your property concerns and my need for accommodation under the Fair Housing Act.”

Your initial response sets the tone for everything that follows. A professional, informed approach shows you’re serious and knowledgeable about your rights while being reasonable and understanding of the landlord’s perspective.

Step 5: File a Complaint with HUD if They’re Being Unreasonable

If your landlord continues to deny your request despite addressing all legitimate concerns, you might need to take more drastic steps, like filing a complaint with HUD. 

Only proceed with these steps if you have valid ESA documentation from a qualified provider, have addressed any legitimate concerns about the animal’s behavior, and have made reasonable attempts to educate and work with your landlord.

Here is how to contact HUD to file a complaint if you’re out of other options: 

1. Visit the HUD website (www.hud.gov) or call 1-800-669-9777
2. Complete the Housing Discrimination Complaint form
3. Include all documentation of your request and the landlord’s denial
4. Document all communications and attempts to resolve the issue
5. Be prepared to participate in an investigation

You can also consider hiring legal counsel after trying all other resolution methods, when the landlord is clearly violating FHA requirements, or if you’ve experienced significant distress or financial loss due to the denial.

An attorney specializing in fair housing or disability law can review your case to ensure you have solid legal standing, send a demand letter on your behalf (often effective without further action), represent you in a complaint or lawsuit if necessary, and advise you if there are weaknesses in your position that need addressing.

Don’t be Discouraged by Landlord Denials

Dealing with ESA denials can feel overwhelming, but remember: the law is often on your side! The key is figuring out whether your landlord is just being difficult or if they have legitimate concerns you need to address.

If they’re wrongfully denying your rights, be firm but professional. Document everything, know your rights, and be willing to escalate if necessary.

If they have valid concerns, be honest with yourself and fix the issues. Get proper documentation, address behavior problems, and show that you’re a responsible animal owner.

Most landlords just want to avoid problems and protect their property. By showing them that you and your ESA won’t create headaches for them, you can often resolve the situation without needing lawyers or formal complaints.

Remember that ESA laws exist to give people with disabilities equal access to housing. Still, they come with the responsibility to ensure your animal is well-behaved and doesn’t cause problems. When you balance asserting your rights with being a good neighbor and tenant, everyone wins!

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