Can an Emotional Support Animal Be Denied? Everything You Should Know

Sometimes, the best medicine doesn’t come in a bottle but in a furry companion. Emotional support animals (ESAs) help people tackle mental health challenges simply by wagging their tails or purring their way into their owners’ laps. 

ESAs have become an integral part of many people’s daily mental health care routine, meaning they must live with their owners for consistent support. But what happens when a property manager or boss isn’t willing to accept your BFF? Can an emotional support animal be denied while renting a place or in public?

Stick around, and we’ll cover everything you need to know about your rights as an ESA owner, including whether rental properties, workplaces, and public spaces can legally deny your animal buddy.

Can Landlords Deny an Emotional Support Animal?

Cutting straight to the chase, your landlord can’t deny your ESA from living with you. Now, this doesn’t mean there aren’t exceptions to the rule. Certain cases, like your furry pal wrecking the landlord’s furniture or constantly turning the neighbors’ plants into chew toys, can be cause for denial, but we’ll sniff out the details on that later.

The bottom line is that landlords can’t deny any ESA purely based on personal preferences. What protects ESA owners from being wrongfully denied rentals is the Fair Housing Act (FHA). According to the FHA, all landlords and property managers must offer appropriate accommodation for ESAs, regardless of any existing pet or breed restrictions. 

This emotional support animal case law goes as far as to prohibit landlords from charging any:

• Pet rent 
• Pet fees 
• Pet deposits

Even if you disclose your ESA after signing a lease, your landlord still can’t turn it away. However, informing them about any animal friend(s) you live with early on is always recommended to avoid any miscommunication or trust erosion. 

When Can an ESA Be Denied 

Now, about those exceptions we mentioned earlier: there are a few scenarios when a landlord can legally reject an ESA, including: 

• Large-sized ESA: If you’re renting a small place and you adopted a large ESA, your landlord may be able to reject your lease application since the property can’t properly accommodate your animal friend
• Invalid ESA letter: Providing an incomplete or fake document can get your ESA letter denied. Authenticity is extremely important when it comes to rental paperwork, so make sure your ESA letter is genuine and written by a credible LMHP
• Allergies and health concerns: Landlords can reject your ESA if any of your neighbors are allergic to it
• Disturbance or damage: Some animal breeds may be more aggressive in nature than others. If you own such an ESA and it causes problems for the neighbors, your landlord can ask you to relocate your bestie. The same applies to ESAs that damage a rental property

In more serious yet rare cases, a landlord may request you to leave the premises due to problems caused by your ESA.

Documentation Required for Support Animals 

The only way to prove that your furry friend is a legally valid ESA is to obtain an ESA letter. This document separates your loyal buddy from the average pet and provides extra security while renting a place.

Typically, an ESA letter will contain your name, the LMHP credentials, the support animal’s specifics, and the way they help you mitigate mental condition symptoms. Keep in mind that you can only get an ESA letter from licensed mental health professionals (LMHPs), such as: 

• Licensed clinical social workers (LCSWs)
• Psychiatric mental health nurses (PMHNs)
• Psychologists
• Counselors
• Therapists 
• Nurse practitioners
• Pediatric neurologists
• Psychiatrists

Un-Leashing the Rules: Are ESAs Allowed To Go Public?

Here’s an un-furtunate fact: public spaces, such as stores or restaurants, aren’t as receptive to support animals as we’d like. Unlike service animals, ESAs can’t tag along with you in public places with a no-pet policy.

That’s because the FHA provides no special public access rights to ESAs. So, while little Fluffy Mc. Paws can snuggle with you on the couch rent-free, it can’t legally follow you into a nearby Target.

The law that addresses pets in public spaces is the Americans with Disabilities Act (ADA), which only allows service animals to accompany their owners in restaurants, stores, hotels, etc.

Can a Business Refuse an Emotional Support Animal?

Things are a little more complicated for ESA owners in workspaces compared to rentals. Since the FHA doesn’t cover workspaces, your manager or boss can deny your animal friend from accompanying you at work.

However, if you have a mental challenge that causes serious issues, such as debilitating panic attacks, and having an ESA helps you prevent or alleviate them, workspaces may allow your four-legged therapist to accompany you.

It’s easy to confuse the rights of service animals with those of ESAs in this aspect too, but the ADA makes sure the former can’t be denied in the workplace. 

If you feel like getting a service animal may be more suited to your situation, refer to the table below to learn how it compares to a support animal:

How To Get an ESA Letter

Obtaining an ESA letter is quite simple, but you want to make sure you do it right—otherwise, your cuddly companion may be out the door. The process of getting a valid ESA letter entails three key steps:

1. Consult an LMHP: Locate a local LMHP in your state and schedule a consultation with them. If possible, try talking to your usual therapist or trusted health professional who’s familiar with your medical history
2. Get examined: During your consultation, the LMHP will diagnose you for any mental health challenges mentioned in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR), such as chronic anxiety or depression, and only prescribe an ESA if they believe it to be a necessary part of the treatment
3. Obtain your ESA letter: Most mental health professionals will provide the letter once they determine your need to live with a support animal

While taking the conventional route to get an ESA letter may seem like the obvious choice, it can get quite tiring. Finding a trusted professional yourself, running across town to get to your appointment, and sitting through uncomfortable in-person visits can be overwhelming.

Thankfully, getting a legit ESA letter online is a thing and, frankly, it’s a lot less ruff than the traditional method.

Getting an Online ESA Letter

Unless you find endless phone calls and traffic fun, getting an ESA letter online is always a more convenient option. You can easily skip past the hiss-teria and get your documentation done, all while cuddling with your BFF.

Obtaining an ESA letter online requires these three steps:

1. Completing a pre-qualifying quiz: Most online ESA letter platforms will ask you to complete a short quiz. This weeds out applicants who may not benefit from living with an ESA from the get-go
2. Booking a consultation: The next step is meeting with an LMHP virtually. You’ll be connected to a professional who officially practices in your state
3. Accessing your letter: If your LMHP prescribes an ESA to you, the platform will send you your ESA letter within 48 hours post-consultation. In case of delays, try contacting them for updates

What To Do if a Landlord Wrongfully Denies Your ESA

If a landlord rejects your valid ESA letter without a legitimate reason, this could constitute discrimination and be illegal. But before taking legal action, try resolving the issue with the landlord directly, as they may stand down and save you some headaches. 

If mediation doesn’t work, you’ve got two options:

1. Filing a HUD complaint: The Department of Housing and Urban Development (HUD) encourages renters facing discrimination to report their landlords and protect their rights
2. Seeking an attorney: In rare cases where you’re facing a serious issue and filing a HUD complaint hasn’t resolved your problem, try consulting an attorney who specializes in ESA and housing laws

But for your case to be solid, your ESA letter should be airtight. A legally recognized letter from a trusted platform like Your Service Animal will help you convey that your furry little guy isn’t just a friend, but is truly a vital part of your treatment.

Your Service Animal—The Last Stop To Live Happily With Your ESA

As an online ESA letter provider, Your Service Animal focuses on offering a quick and convenient way to get your documentation before little Scooby runs into any disapproval.

The service is also 100% compliant with housing laws, so you can be certain your landlord won’t be able to wrongfully deny your ESA. Here’s what you can expect from Your Service Animal:

How To Get Started

Follow these four steps to lock in your ESA letter:

1. Find out if you’re a good fit for an ESA letter with our online quiz
2. Schedule an online appointment with a licensed mental health practitioner in your state
3. Attend the online call and receive your ESA letter if clinically appropriate
4. Receive a full refund if the therapist doesn’t issue an ESA letter or your landlord rejects it