Can You Refuse an ESA in Nevada Housing? Landlord Legal Tips

Can You Refuse an ESA in Nevada Housing? Landlord Legal Tips

As a landlord in Nevada, managing rental properties involves more than just collecting rent—it requires understanding and complying with a range of federal and state regulations, especially when it comes to Emotional Support Animals (ESAs). With the increasing number of tenants requesting to live with an ESA, many property owners are asking: Can you legally refuse an ESA in Nevada housing?

Let’s break down what landlords need to know—and how PetCerts.com can be a valuable part of navigating these housing dynamics.

The Basics: What is an ESA?

An Emotional Support Animal (ESA) is an animal that provides comfort and emotional support to individuals with a qualifying mental or emotional disability. Unlike service animals, ESAs are not required to have specific training. However, they are protected under the Fair Housing Act (FHA), which applies across all U.S. states, including Nevada.

Can You Refuse an ESA in Nevada?

In Most Cases, No—Here’s Why:

Under the FHA, housing providers are generally required to make reasonable accommodations for tenants with disabilities, which includes allowing ESAs—even in no-pet properties.

Legally, you cannot refuse an ESA simply because of a “no pets” policy, breed restrictions, or size preferences. Denial could result in a housing discrimination complaint filed with HUD (U.S. Department of Housing and Urban Development).

However, There Are Exceptions:

There are some specific, legally valid situations where you can deny an ESA request:

• The tenant does not provide appropriate documentation supporting the need for the ESA.

• The animal poses a direct threat to the health or safety of others.

• The request would impose an undue financial or administrative burden on you as the housing provider.

• The animal causes substantial physical damage to the property that goes beyond reasonable wear and tear.

But here's the key: these exceptions must be based on objective evidence—not assumptions.

What Landlords Can Do Legally

If a tenant requests to live with an ESA, you can legally:

• Ask for reliable documentation from a licensed mental health professional stating that the person has a disability and that the ESA alleviates one or more symptoms.

• Require the tenant to remain responsible for the animal’s behavior and cleanliness.

• Enforce rules that apply equally to all tenants (such as noise or nuisance policies).

The Role of Proper Documentation

While landlords cannot demand details about the tenant's diagnosis, they are allowed to request a legitimate housing letter from a licensed professional that confirms the need for an ESA. This letter is what grants the ESA protection under federal housing law.

That’s where PetCerts.com comes in.

We specialize in Housing and Travel Letters for Psychiatric Service Dogs (PSDs)—which are not the same as ESAs but fall under legal protections with even broader access rights, especially for air travel. While ESAs are no longer accepted by most airlines, PSDs with proper documentation still fly protected under the Air Carrier Access Act.

So while PetCerts does not offer ESA letters, many tenants find their mental health qualifies them for a PSD—giving them enhanced legal rights and clear documentation for both housing and travel.

Best Practices for Nevada Landlords

Here are some tips to protect yourself legally while staying compliant:

✅ Have a consistent policy in place for handling ESA or PSD requests.
✅ Review documentation carefully, but don’t overstep into private medical details.
✅ Avoid blanket policies that automatically deny ESAs or certain breeds.
✅ Document interactions and decisions in writing for your records.
✅ Stay current with federal and state fair housing laws—they change more often than you might think.