The short answer is yes, a landlord can deny an ESA letter, but it depends on very specific conditions. While these animals give invaluable companionship and support to people with emotional or psychological disabilities, the extent to which landlords are obligated to accommodate them is a bit ambiguous. 

With that in mind, we’re going to define what an ESA letter is, under what conditions it can be invalidated, what you should do to prevent that from happening, and more. 

What Is an ESA Letter?

An emotional support animal letter is essentially a golden ticket for your furry friend to be more than just a pet. It’s a document that certifies your animal as more than just a cute face – it’s a crucial part of your emotional support system.

Getting one of these letters isn’t that simple – it involves being evaluated by a mental health professional who then determines if having an emotional support animal is appropriate for you. It’s not a one-size-fits-all scenario; the letter is personalized to you and your unique situation.

Why does this letter matter so much? Well, when it comes to housing, especially rentals, having an ESA letter can be a game-changer. It’s your legal ammunition to ensure that your beloved sidekick can tag along, even in places with a “no pets allowed” policy.

When Can a Landlord Deny an ESA Letter?

First things first, landlords are not absolute villains – they do have some valid reasons to raise an eyebrow at that precious ESA letter. However, it’s important to note that they can’t deny it without good reason. It’s worth noting that these conditions are not a blank check for landlords to dismiss ESA letters left and right:

• Legitimacy of the ESA Letter: Not all ESA letters are created equal. A landlord has the right to scrutinize the legitimacy of the letter. If it is from a dubious source or doesn’t meet the proper criteria, they might have grounds to question its validity.

• Exotic ESA: If your “ESA” happens to be a ferret, snake, or any other unconventional animal, the landlord might have some reservations. While dogs and cats are commonly accepted as ESAs, exotic animals may face more scrutiny.

• Disruption and Safety: Even if your furry friend is a certified ESA, a landlord can step in if your pet poses a threat to the safety of other tenants or causes significant disruptions. Aggressive behavior or excessive noise could be valid concerns.

• Size Matters: In some cases, the size of your ESA might be a point of contention. Larger animals may be seen as more challenging to accommodate in certain living spaces, and a landlord might express concerns based on practical considerations.

• Undue Hardship: Landlords can deny an ESA if accommodating it would cause them undue financial burden or if it fundamentally alters the nature of their business. However, this is a high bar to meet, and they need to demonstrate significant hardship.

How to Prevent Your ESA Letter From Being Denied

While your landlord will definitely have a case if any of the above conditions are met, there are steps you can take to mitigate or even avoid being denied, most of which  involve communicating with your landlord:

Get a Legitimate ESA Letter: First and foremost, make sure your ESA letter is the real deal. Connect with a licensed mental health professional who can assess your situation and provide a genuine, personalized letter.

Communicate Early and Clearly: Don’t wait until moving day to drop the ESA bombshell on your landlord. Open lines of communication early in the process. Let them know about your ESA and provide the letter as soon as possible.

Highlight the Benefits: Share with your landlord how your ESA contributes to your emotional well-being. Help them understand that your ESA is more than just a pet.

Offer Solutions: Address any concerns your landlord may have. If they’re worried about potential disruptions or safety issues, propose solutions.

Get Your ESA Letter and Enjoy With Your Pet

Once you have your ESA letter, your pet can start living with you in your apartment. Just make sure you’ve discussed it with the landlord beforehand to avoid any potential issues. It’s your responsibility to ensure that you get the ESA letter from a licensed mental health professional. 

Published by HOLR Magazine.