20 Things You Didn't Know About Emotional Support Animals (ESAs) and Housing Laws

For anyone with an emotional support animal (ESA), navigating housing laws can be a challenge. Knowing the ins and outs of how these laws apply can make a significant difference in finding the right home or apartment. Here, we’ll unpack 20 lesser-known facts about ESAs and housing laws, with a spotlight on how services like PetCerts.com can make the journey easier.

1. Fair Housing Act (FHA) Protects ESA Owners

The FHA prevents housing providers from discriminating against ESA owners. Under this federal law, landlords are generally required to provide “reasonable accommodations” for people with ESAs, regardless of the property’s pet policy.

2. Landlords Can Request Documentation, But Not Certification

Although landlords can ask for documentation verifying the need for an ESA, they’re not allowed to demand “certification.” Companies like PetCerts.com help by connecting individuals with licensed professionals who can provide legitimate ESA documentation.

3. ESAs Are Not “Pets” Under the Law

In the eyes of the FHA, an ESA is not a pet. Instead, it is an accommodation for a person with a disability, meaning that pet policies and pet fees do not apply.

4. Breed Restrictions Are Typically Waived for ESAs

Many rental properties enforce breed restrictions, but these rules don’t apply to ESAs. Landlords are generally required to make reasonable accommodations, regardless of the breed.

5. Landlords Can’t Charge “Pet Rent” for ESAs

Because ESAs aren’t legally considered pets, landlords can’t tack on additional pet rent or deposits. This means a financial burden can be lifted for those who rely on their ESA for mental health support.

6. The ADA and FHA Serve Different Purposes for ESAs

While the Americans with Disabilities Act (ADA) doesn’t recognize ESAs, the FHA does, meaning ESA protections are focused primarily on housing rather than public spaces.

7. Landlords Can Only Deny ESA Requests Under Specific Circumstances

Landlords can deny an ESA request if the animal would cause “undue financial or administrative burden” or pose a direct threat. For example, if the animal has a history of aggression, this might be grounds for denial.

8. Tenants Should Be Transparent About Their ESA

Informing a landlord about your ESA in advance helps build a trusting relationship and minimizes potential conflicts. PetCerts.com offers easy access to ESA documentation, making this step seamless.

9. Some Housing Situations Aren't Covered by FHA

Owner-occupied buildings with four or fewer units and certain single-family homes rented by the owner are often exempt from FHA requirements.

10. ESAs Don’t Require Specialized Training

Unlike service animals, ESAs don’t need specialized training to fulfill their role. Their primary function is to provide emotional support and companionship.

11. Public Housing Authorities Must Comply with FHA Rules

Public housing authorities fall under FHA guidelines, meaning they, too, must accommodate ESA requests from tenants with proper documentation.

12. College Dormitories Fall Under FHA Protection

College students with ESAs are covered under the FHA, meaning universities must allow them in dormitories if students can provide legitimate documentation.

13. There Are Penalties for Fraudulent ESA Claims

Submitting fraudulent ESA documentation can have consequences. Websites like PetCerts.com ensure access to licensed professionals, offering legitimate documentation for those who qualify.

14. “No Pets” Policy? FHA Still Applies

Even buildings with strict “no pets” policies are generally required to make an exception for an ESA, thanks to FHA regulations.

15. The FHA Covers Emotional and Mental Disabilities

The FHA explicitly recognizes ESAs as reasonable accommodations for people with emotional or psychological disabilities, making their housing protections wide-reaching.

16. Landlords Can Verify Need But Must Respect Privacy

Landlords may request documentation but are legally required to keep medical details confidential. PetCerts.com prioritizes privacy while connecting tenants to licensed mental health professionals.

17. Retaliation Is Illegal Under the FHA

If a landlord retaliates against a tenant who requests an ESA, it’s considered illegal. Tenants can seek legal recourse if they believe they’re being targeted for making an ESA accommodation request.

18. ESAs Can Be Denied if They’re a Direct Threat

If an ESA poses a danger to other tenants, a landlord may have grounds to deny the request. This ensures the safety and well-being of everyone in the community.

19. Multiple ESAs Are Permitted, But with Documentation

It’s possible to have more than one ESA if the need can be justified by a licensed professional. Each ESA should serve a unique purpose in the individual’s emotional or psychological well-being.

20. Getting an ESA Doesn’t Have to Be Complicated

The process of obtaining ESA documentation can seem daunting, but PetCerts.com simplifies it by connecting tenants with licensed professionals who can evaluate their needs.

Navigating housing with an ESA can be a smoother journey with the right information and support. Thanks to platforms like PetCerts.com, individuals seeking ESA documentation can feel confident about their legal standing and prepared to live in housing that welcomes them and their emotional support animals.