Emotional Support Animals Tips and Tricks for Landlords

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Emotional Support Animals (ESA) and Housing: What Landlords & Tenants Need to Know

Navigating emotional support animals (ESAs) in rental housing can be confusing for both landlords and tenants. Are ESAs the same as pets? Can landlords charge fees? What documentation is required? Let’s break down the rules under the Fair Housing Act (FHA) and related HUD/DOJ guidance.

🐾 What Is an ESA?

An Emotional Support Animal is an animal that provides comfort or emotional support to a person with a disability. Unlike pets, ESAs are considered assistance animals under the FHA. That means they are not subject to pet fees, deposits, or breed/size restrictions (HUD Guidance, 2020).

🚫 Can a Landlord Charge Fees?

No. Landlords cannot charge pet rent, pet deposits, or pet fees for ESAs. However, tenants remain responsible for:

  • Any damage caused by the ESA

  • Following general lease rules (cleanliness, noise, etc.)
    (HUD Guidance, 2020)

📑 What Documentation Can Be Requested?

If the disability or need for the ESA is not obvious, housing providers may request reliable documentation from a licensed healthcare provider. Acceptable documentation includes confirmation that:

  1. The individual has a disability, and

  2. The animal helps alleviate one or more symptoms of that disability.

(Joint HUD/DOJ Statement on Reasonable Accommodations)

⚠️ Important: Online ESA “certificates” or registrations are not considered reliable proof under HUD guidance.

🦮 ESA vs. Service Animal vs. Therapy Dog

  • Service Animals: Trained dogs (and in rare cases, miniature horses) that perform specific tasks for a person with a disability. Protected under both FHA and ADA (ADA.gov Service Animal Guidance).

  • Emotional Support Animals (ESAs): Provide comfort through their presence. Protected under FHA, but not ADA.

  • Therapy Dogs: Visit hospitals, schools, etc. for general comfort. Not covered by FHA or ADA — landlords may treat them as regular pets.

⚖️ Reasonable Accommodations

Under the FHA, landlords must provide “reasonable accommodations” for ESAs unless doing so would:

  • Create an undue financial or administrative burden, or

  • Fundamentally alter the nature of the housing.

(Joint HUD/DOJ Statement on Reasonable Accommodations)

Examples of accommodations:

  • Waiving a “no pets” policy

  • Allowing a larger dog despite breed/weight restrictions

🌎 State-Specific ESA Laws

While federal law sets the baseline, many states add extra protections or penalties for misrepresenting pets as ESAs. For a state-by-state overview, see the Animal Legal & Historical Center’s table of state assistance animal laws.

📝 Key Takeaways for Landlords

  • ESAs are not pets → no pet rent, fees, or deposits allowed

  • You may request reliable documentation if the disability is not obvious

  • Tenants are still responsible for any damage

  • Distinguish carefully between ESA, service animal, and therapy dog

  • Check your state-specific laws in addition to federal FHA rules

Dogs and Insurance

Here is a little-known bulletin that Michigan issued a few years back regarding insurance companies charging more for certain breeds. Here's the long and short of it:  DIFS has issued abBulletin explaining that Michigan’s “Essential Insurance Act does not allow companies to deny, cancel, or non-renew coverage based on the insured’s possession of a particular animal.” According to the bulletin, Michigan law does allow an insurance company to decide not to renew a policy based on the insured’s claim experience with an animal during the three-year period before the renewal. DIFS also interpreted Michigan law as allowing “the imposition of surcharges based on dog breeds if the surcharge is actuarially supported” but stated that the federal Fair Housing Act (FHA) “prohibits the imposition of a service charge for assistance animals.” The FHA defintes assistance animals to include service and emotional support animals.

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✅ By following these guidelines, landlords can protect themselves from legal risk while providing fair housing access to tenants who rely on emotional support animals.