Here’s the scenario:
A tenant applies to your property. They have a dog. You have a no-pet policy. The tenant says: “This is my emotional support animal. You have to allow it. It’s the law.”
You think: “Is that true? Do I have to allow it? What if they’re lying? What are my rights?” You’re confused. You’re worried. You don’t want to violate the law. But you also don’t want to be taken advantage of.
Here’s the truth:
Service animals, emotional support animals (ESAs), and pets are NOT the same thing.
They have different legal protections. Different requirements. Different rules. And if you don’t know the difference, you could: – Violate federal fair housing laws (fines up to $100,000+) – Face discrimination lawsuits (costly legal fees and settlements) – Allow fake ESAs that damage your property (no recourse) – Reject legitimate service animals (legal liability) At Simply Live, we manage 250 properties. We deal with service animals, ESAs, and pets every single day.
And we’ve learned exactly what property owners can and cannot do.
Here’s everything you need to know.
The Three Categories: Service Animals, ESAs, and Pets
Here’s the breakdown: Service Animals
Definition: Dogs (and in some cases miniature horses) individually trained to perform specific tasks for people with disabilities.
Legal Protection: Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) Examples: – Guide dogs for blind individuals – Hearing dogs for deaf individuals Mobility assistance dogs – Seizure alert dogs – Diabetic alert dogs – PTSD service dogs (with specific task training)
Key Requirement: Must be trained to perform a specific task directly related to the person’s disability.
Emotional Support Animals (ESAs)
Definition: Animals that provide comfort and emotional support to individuals with mental or emotional disabilities.
Legal Protection: Fair Housing Act (FHA) only (NOT the ADA) Examples: – Dogs that provide comfort for anxiety or depression – Cats that provide emotional support for PTSD – Any animal that provides therapeutic benefit through companionship
Key Requirement: Must have documentation from a licensed healthcare provider stating the person has a disability and needs the animal for emotional support.
Pets
Definition: Animals kept for companionship without any disability-related function. Legal Protection: None
Examples: – Dogs kept for companionship – Cats kept for companionship – Any animal without a disability-related purpose
Key Requirement: Subject to landlord’s pet policy (fees, deposits, breed restrictions, etc.)
The Legal Framework: What Laws Apply
Here’s what you need to know: Fair Housing Act (FHA)
Applies to: Service animals AND ESAs Protections: – Landlords must make reasonable accommodations for service animals and ESAs – Landlords cannot charge pet fees or pet deposits for service animals or ESAs – Landlords cannot apply breed or size restrictions to service animals or ESAs (with limited exceptions) – Landlords cannot deny housing based on service animals or ESAs (with limited exceptions)
Exceptions: – Buildings with 4 or fewer units where the owner lives in one unit – Singlefamily homes sold or rented without a real estate agent – Private clubs and religious organizations
Penalties for Violations: – First violation: Up to $19,787 – Second violation (within 5 years): Up to $49,467 – Third violation (within 7 years): Up to $98,935 – Plus legal fees, court costs, and damages
Americans with Disabilities Act (ADA)
Applies to: Service animals ONLY (NOT ESAs) Protections: – Service animals must be allowed in all public accommodations (restaurants, stores, hotels, etc.) – Only two questions can be asked: (1) Is this a service animal required because of a disability? (2) What work or task has the animal been trained to perform? – No documentation can be required
Does NOT Apply to: Private housing (covered by FHA instead)
State and Local Laws
May provide additional protections: – Some states have broader definitions of service animals – Some states have stricter penalties for violations – Some cities have additional requirements
Property owners must comply with the MOST protective law.
Service Animals: What You Can and Cannot Do
Here’s your legal framework: What You CANNOT Do
- Charge Fees or Deposits – No pet fees – No pet deposits – No additional rent – No cleaning fees (unless damage occurs)
- Apply Breed or Size Restrictions – Cannot deny based on breed (even pit bulls, rottweilers, etc.) – Cannot deny based on size – Cannot deny based on weight
- Require Documentation – Cannot require certification or registration – Cannot require proof of training – Cannot require medical records – Cannot require detailed disability information
- Ask About the Disability – Cannot ask what the person’s disability is – Cannot ask for medical documentation – Cannot ask for detailed explanations
- Deny Housing Based on Service Animal – Cannot refuse to rent to someone with a service animal – Cannot apply different terms or conditions – Cannot steer to different units
What You CAN Do
- Ask Two Questions (and ONLY Two Questions) – “Is this a service animal required because of a disability?” – “What work or task has the animal been trained to perform?”
- Deny If: – The animal poses a direct threat to health or safety (with evidence) – The animal causes substantial property damage (with documentation) – The animal’s presence would fundamentally alter the nature of the housing
- Require Control – Service animal must be under control at all times – Service animal must be housebroken – Service animal must not be aggressive or disruptive
- Charge for Damage – Can charge for actual damage caused by service animal – Can deduct from security deposit (if allowed by state law) – Can pursue legal remedies for excessive damage
- Enforce Lease Terms – Service animal must comply with all other lease terms (noise, disturbance, etc.) – Owner is responsible for animal’s behavior – Violations can result in lease termination (with proper notice)
ESAs: What You Can and Cannot Do
Here’s your legal framework: What You CANNOT Do
- Charge Fees or Deposits – No pet fees – No pet deposits – No additional rent – No cleaning fees (unless damage occurs)
- Apply Breed or Size Restrictions (Usually) – Generally cannot deny based on breed – Generally cannot deny based on size – Limited exceptions for direct threat or undue financial burden
- Deny Without Proper Documentation – Cannot deny if tenant provides proper ESA letter – Cannot ignore legitimate requests for accommodation – Cannot apply different terms or conditions
- Ask About the Disability – Cannot ask what the person’s disability is – Cannot ask for detailed medical records – Cannot ask for detailed explanations beyond what’s in the ESA letter
What You CAN Do
- Require Documentation – Can require ESA letter from licensed healthcare provider Can require letter to state: (1) Person has a disability, (2) Animal provides emotional support related to disability, (3) Provider’s license information – Can verify provider’s license (but not contact them about disability)
- Reject Invalid Documentation – Can reject letters from online “ESA registration” websites – Can reject letters from providers who haven’t examined the tenant – Can reject letters that don’t meet FHA requirements – Can reject letters from unlicensed providers
- Deny If: – Documentation is insufficient or invalid – Animal poses direct threat to health or safety (with evidence) – Animal causes substantial property damage (with documentation) – Accommodation would cause undue financial or administrative burden
- Apply Reasonable Restrictions – Can limit number of ESAs (if more than one is unreasonable) – Can require animal to be under control – Can require animal to be housebroken – Can require animal not to be disruptive
- Charge for Damage – Can charge for actual damage caused by ESA – Can deduct from security deposit (if allowed by state law) – Can pursue legal remedies for excessive damage The ESA Letter: What’s Valid and What’s Not
Here’s how to evaluate ESA documentation:
Valid ESA Letter Requirements
Must include: 1. Licensed healthcare provider’s name, license type, license number, and jurisdiction 2. Statement that tenant has a disability (no details required) 3. Statement that animal provides emotional support related to disability 4. Date of letter (should be recent, typically within one year) 5. Provider’s signature
Provider must: – Be licensed in the state where tenant resides – Have an established relationship with tenant (not just online consultation) – Be qualified to diagnose mental health conditions (therapist, psychiatrist, psychologist, licensed clinical social worker, etc.)
Letter should: – Be on provider’s letterhead – Include provider’s contact information Be specific to the tenant and animal
Invalid ESA Letters
Red flags: – Letter from online “ESA registration” website – Letter from provider who never examined tenant – Letter from unlicensed provider – Letter with no license information – Generic letter (not specific to tenant) – Letter purchased online for $50$200 – “ESA certificate” or “registration card” – Letter from provider outside tenant’s state
Common scams: – CertaPet, ESA Doctors, Support Pets, US Service Animals, etc. Websites offering instant ESA letters for a fee – “Register your ESA” services (no registration is required or valid)
How to Verify
Step 1: Review the letter – Check for all required elements – Verify provider’s license information is included
Step 2: Verify provider’s license – Look up provider on state licensing board website Confirm license is active and in good standing – Confirm license type is appropriate (therapist, psychiatrist, etc.)
Step 3: Assess provider-patient relationship – Letter should indicate ongoing relationship (not one-time online consultation) – If questionable, you can ask: “How long have you been working with this provider?” Step 4: Make decision – If letter is valid, approve ESA (no fees or deposits) – If letter is invalid, deny ESA and explain why – If uncertain, consult fair housing attorney
Common Scenarios: How to Handle
Here’s how to handle real-world situations:
Scenario 1: Tenant Applies With Service Dog
Tenant says: “I have a service dog.”
You can ask: – “Is this a service animal required because of a disability?” – “What work or task has the animal been trained to perform?”
Tenant answers: “Yes, it’s a service dog. It alerts me to seizures.”
Your response: – Approve immediately – No fees, no deposits, no breed restrictions Document the request and approval – Include in lease that service animal is exempt from pet policy
You CANNOT: – Ask for documentation – Ask about the disability – Require proof of training – Charge any fees
Scenario 2: Tenant Applies With ESA
Tenant says: “I have an emotional support animal.”
Your response: “Please provide an ESA letter from your licensed healthcare provider. The letter should include your provider’s name, license type, license number, and a statement that you have a disability and need the animal for emotional support.”
Tenant provides: Letter from CertaPet (online ESA website) Your response: “This letter does not meet Fair Housing Act requirements. It appears to be from an online service rather than a licensed healthcare provider with an established relationship. Please provide a letter from your treating healthcare provider.”
Tenant provides: Valid letter from licensed therapist Your response: – Verify therapist’s license – Approve ESA – No fees, no deposits Document the request and approval – Include in lease that ESA is exempt from pet policy
Scenario 3: Tenant Has Pet, Then Claims It’s an ESA
Tenant moves in with pet (pays pet fee and deposit) Six months later, tenant says: “My dog is actually an emotional support animal. I want my pet fees refunded.”
Your response: “Please provide an ESA letter from your licensed healthcare provider dated before or around the time you moved in. If the letter is recent and indicates a new need for an ESA, we’ll waive future pet fees but cannot refund past fees.”
Tenant provides: Letter dated last week Your response: “Based on the date of this letter, your need for an ESA began recently. We’ll waive pet fees going forward, but we cannot refund fees paid when the animal was a pet.”
Legal reasoning: Accommodation is required from the date of the request, not retroactively.
Scenario 4: Tenant Requests Second ESA
Tenant already has one approved ESA Tenant requests: “I need a second ESA.”
Your response: “Please provide an ESA letter from your licensed healthcare provider explaining why a second animal is necessary for your disability.”
Tenant provides: Letter stating second animal is needed Your assessment: – Is the request reasonable? (Two dogs vs. two dogs and a cat vs. two dogs, three cats, and a rabbit) – Does it create undue burden? (Excessive wear and tear, noise, etc.) – Is it supported by documentation?
Your decision: – If reasonable and supported, approve – If unreasonable or unsupported, deny with explanation – Document decision and reasoning
Scenario 5: ESA Causes Damage or Disturbance
Tenant’s ESA barks constantly, disturbs neighbors Your response: 1. Document complaints (dates, times, witnesses) 2. Send notice to tenant: “Your ESA is causing a disturbance. You must control your animal. Continued disturbance may result in lease termination.” 3. Give tenant opportunity to correct 4. If behavior continues, pursue lease termination (with proper notice and legal process)
Legal reasoning: ESAs must be under control and not disruptive. Accommodation does not override lease terms.
Scenario 6: Tenant’s ESA Damages Property
Tenant moves out, ESA caused $2,000 in damage Your response: – Document damage with photos – Deduct from security deposit (if allowed by state law) – Provide itemized list of damages and costs – Pursue additional damages if deposit is insufficient
Legal reasoning: Tenant is responsible for damage caused by ESA, just like any other damage.
The “No-Pet” Policy: How It Applies
Here’s the reality:
Your “no-pet” policy does NOT apply to service animals or ESAs. But here’s what you CAN do:
For Service Animals
Your policy should state: “This property has a no-pet policy. However, service animals are not pets and are always permitted as required by law. No fees or deposits apply to service animals.”
In practice: – Service animals are approved automatically (with two-question verification) – No fees, no deposits, no breed restrictions – Tenant is responsible for damage
For ESAs
Your policy should state: “This property has a no-pet policy. However, emotional support animals may be permitted as a reasonable accommodation under the Fair Housing Act. Tenants requesting an ESA must provide documentation from a licensed healthcare provider. No fees or deposits apply to approved ESAs.” In practice: – ESAs are approved with valid documentation – No fees, no deposits Breed restrictions may apply in limited circumstances (direct threat, undue burden) Tenant is responsible for damage
For Pets
Your policy should state: “This property has a no-pet policy. Pets are not permitted. Tenants with pets will be in violation of the lease and subject to lease termination.”
Or, if you allow pets: “This property allows pets with approval. Pet deposit: $[amount]. Pet fee: $[amount]/month. Maximum 2 pets. See pet policy for details.”
In practice: – Pets are subject to your pet policy – Fees and deposits apply – Breed and size restrictions apply – Tenant is responsible for damage
Common Mistakes Property Owners Make
Here are the mistakes to avoid:
Mistake 1: Treating Service Animals Like Pets
What not to do: – Charge pet fees or deposits for service animals – Apply breed restrictions to service animals – Require documentation for service animals
Why it’s a mistake: – Violates Fair Housing Act and ADA – Exposes you to discrimination lawsuits – Fines up to $100,000+
What to do instead: – Approve service animals immediately (with two-question verification) – No fees, no deposits, no breed restrictions – Document the request and approval
Mistake 2: Accepting Invalid ESA Letters
What not to do: – Accept letters from online ESA websites – Accept letters from unlicensed providers – Accept generic “ESA certificates”
Why it’s a mistake: – You’re accommodating fake ESAs – You’re encouraging fraud You have no recourse for damage
What to do instead: – Require valid ESA letter from licensed healthcare provider Verify provider’s license – Reject invalid documentation with explanation
Mistake 3: Asking About the Disability
What not to do: – Ask “What’s your disability?” – Ask for medical records – Ask for detailed explanations
Why it’s a mistake: – Violates Fair Housing Act – Invades tenant’s privacy – Exposes you to discrimination lawsuits
What to do instead: – For service animals: Ask only the two allowed questions – For ESAs: Require ESA letter (which states disability exists but doesn’t detail it) – Don’t ask for more information than legally allowed
Mistake 4: Denying Legitimate Requests
What not to do: – Deny service animals because you have a no-pet policy – Deny ESAs with valid documentation – Apply breed restrictions to service animals or ESAs without justification
Why it’s a mistake: – Violates Fair Housing Act – Exposes you to discrimination lawsuits – Fines up to $100,000+
What to do instead: – Approve legitimate service animals and ESAs – Only deny if animal poses direct threat or causes undue burden (with evidence) – Document all decisions and reasoning
Mistake 5: Not Documenting Requests
What not to do: – Approve requests verbally without documentation – Fail to keep records of ESA letters – Don’t document denials or reasoning
Why it’s a mistake: – No proof of compliance if sued – Can’t defend decisions without documentation – Creates liability exposure
What to do instead: – Document all service animal and ESA requests – Keep copies of ESA letters and license verification – Document approvals, denials, and reasoning Keep records for at least 3 years
Mistake 6: Refunding Past Pet Fees
What not to do: – Refund pet fees when tenant later provides ESA letter – Waive fees retroactively
Why it’s a mistake: – Not required by law – Sets bad precedent – Encourages tenants to claim pets are ESAs after the fact What to do instead: – Accommodate from date of request forward – Don’t refund past fees (unless ESA letter predates move-in) – Explain reasoning clearly
Your ESA Request Process: Step by Step
Here’s how to handle ESA requests properly:
Step 1: Receive Request
Tenant says: “I have an emotional support animal” or “I need an emotional support animal”
Your response: “Thank you for letting me know. To process your request, please provide a letter from your licensed healthcare provider. The letter should include your provider’s name, license type, license number, and jurisdiction, and should state that you have a disability and need the animal for emotional support.”
Provide: Written explanation of what’s required (email or letter)
Step 2: Review Documentation
When you receive the letter, check: – Provider’s name, license type, license number, and jurisdiction – Statement that tenant has a disability – Statement that animal provides emotional support related to disability – Date of letter (should be recent) – Provider’s signature
Red flags: – Online ESA website – No license information – Generic letter – Provider outside tenant’s state
Step 3: Verify Provider’s License
Look up provider on state licensing board website: – Confirm license is active Confirm license type is appropriate (therapist, psychiatrist, psychologist, LCSW, etc.) Confirm provider is in tenant’s state
If license is not valid or not found: – Letter is invalid – Proceed to Step 5 (denial)
Step 4: Assess Request
Ask yourself: – Is the documentation valid? – Does the animal pose a direct threat to health or safety? – Would accommodating create an undue financial or administrative burden? If yes to valid documentation and no to threat/burden: – Approve (proceed to Step 6)
If documentation is invalid or animal poses threat/burden: – Deny (proceed to Step 5)
Step 5: Deny Request (If Applicable)
Send written denial with explanation: “We have reviewed your ESA request. Unfortunately, we cannot approve your request for the following reason(s): [specific reason]. If you have additional documentation or would like to discuss this decision, please contact us.”
Valid reasons for denial: – Documentation is from online ESA website (not valid under FHA) – Provider is not licensed or license is not active – Letter does not include required information – Animal poses direct threat to health or safety (with specific evidence) Accommodation would cause undue financial or administrative burden (with specific evidence)
Invalid reasons for denial: – “We have a no-pet policy” (not a valid reason) – “We don’t allow that breed” (not valid without specific threat evidence) – “The animal is too big” (not valid without specific burden evidence)
Step 6: Approve Request
Send written approval: “We have approved your ESA request. Your [type of animal] is approved as an emotional support animal. No pet fees or deposits apply. You are responsible for any damage caused by your ESA. Please review the attached lease addendum.”
Include lease addendum: – ESA is exempt from pet policy – No fees or deposits Tenant is responsible for damage – ESA must be under control and not disruptive Violations may result in lease termination
Document: – Copy of ESA letter – License verification – Approval letter – Signed lease addendum
Protecting Your Property: What You Can Enforce
Here’s what you can enforce, even with service animals and ESAs:
1. Control and Behavior
You can require: – Animal must be under control at all times – Animal must be leashed or harnessed in common areas – Animal must not be aggressive or threatening – Animal must not disturb neighbors
You can enforce: – Warnings for violations – Fines (if allowed by lease and state law) Lease termination for repeated violations (with proper notice)
- Housebreaking
You can require: – Animal must be housebroken – No urination or defecation in unit or common areas – Owner must clean up after animal
You can enforce: – Warnings for violations – Cleaning fees for incidents – Lease termination for repeated violations (with proper notice)
- Damage
You can charge for: – Actual damage caused by animal – Repairs to flooring, walls, doors, etc. – Professional cleaning (if needed beyond normal wear and tear)
You can enforce: – Deductions from security deposit (if allowed by state law) – Pursuit of additional damages beyond deposit – Legal remedies for excessive damage
- Noise and Disturbance
You can require: – Animal must not bark, howl, or make excessive noise – Animal must not disturb neighbors – Owner must address noise issues promptly
You can enforce: – Warnings for violations – Fines (if allowed by lease and state law) Lease termination for repeated violations (with proper notice)
- Lease Compliance
You can require: – Compliance with all other lease terms (quiet hours, guest policies, etc.) – Proper disposal of waste – Maintenance of sanitary conditions
You can enforce: – Standard lease enforcement procedures – Warnings, fines, and lease termination (with proper notice)
The Bottom Line: Know the Law, Protect Yourself
Here’s the truth:
Service animals, ESAs, and pets are NOT the same.
Service animals: – Must be allowed (with two-question verification) – No fees, no deposits, no breed restrictions – No documentation required
ESAs: – Must be allowed with valid documentation – No fees, no deposits – Limited breed restrictions (only with specific evidence) – Valid ESA letter required
Pets: – Subject to your pet policy – Fees and deposits apply – Breed and size restrictions apply
If you treat them all the same, you’re exposing yourself to legal liability.
If you deny legitimate service animals or ESAs, you’re violating federal law. If you accept fake ESAs, you’re encouraging fraud and exposing yourself to damage.
At Simply Live, we: – Approve legitimate service animals and ESAs immediately Verify ESA documentation carefully – Reject invalid ESA letters with explanation Enforce lease terms for all animals (service, ESA, and pet) – Document everything And we’ve never had a fair housing complaint.
Because we know the law. And we follow it.
Your Next Steps
Ready to handle service animals, ESAs, and pets correctly?
Step 1: Update Your Policies – Clarify that service animals and ESAs are not pets Explain accommodation process for ESAs – Include required documentation for ESAs
Step 2: Train Your Team – Teach the difference between service animals, ESAs, and pets – Train on the two questions for service animals – Train on ESA documentation requirements Step 3: Create Documentation Process – Standard response for ESA requests – ESA letter requirements checklist – License verification process – Approval/denial letter templates
Step 4: Consult Legal Counsel – Review policies with fair housing attorney Understand state and local laws – Get advice on specific situations
Step 5: Document Everything – Keep records of all requests – Document approvals and denials – Keep copies of ESA letters and verification – Maintain files for at least 3 years
Questions about service animals, ESAs, or fair housing compliance? Schedule a free 20-minute consultation.
We’ll help you navigate the law, protect your properties, and avoid costly mistakes.
Service animals, ESAs, and pets are not the same. Know the difference. Follow the law. Protect yourself. At Simply Live, we handle hundreds of accommodation requests every year—and we’ve never had a fair housing complaint. Because we know the law. And we follow it.
Recent Comments