What Happens If You Deny an Emotional Support Animal? Know the Legal Risks!
It may appear to landlords and property managers that denying an Emotional Support Animal (ESA) is an option that will not cause potential legal liability, however, the implications can be significant. Under the Fair Housing Act (FHA), individuals who have a bona fide ESA letter can have the right to live with their emotional support animal—in fact, this is the law even in “no-pet” housing.Tenant Rights DefinedIn case you are not familiar with ESA's they are not just a pet, but a critical support for people with mental health conditions, such as anxiety, PTSD, and depression. Tenants who are the recipients of a legitimate ESA letter from a licensed mental health professional (LMHP) are protected under federal law. It could be the case that declining an ESA letter could cause discrimination-by omission.Consequences of Denial1️⃣ Legal Penalties – If a tenant submits their complaint to the U.S. Department of Housing and Urban Development (HUD) against a landlord for denying the requested ESA, it could subject the landlords to fines and legal proceedings.2️⃣ Lawsuits & Economic Losses – A tenant could also choose to sue for damages, which could force the landlord into costly litigation.3️⃣ Reputation Damage – A landlord denying a tenant's ESA request could result in a poor reputation for their business brand and could also result in negative reviews that would hinder business.Staying Compliant✅ Request the proper documentation (a credentialed ESA letter).✅ Never impose extra fees (pet rent for legitimate ESA's is illegal).✅ Understand that breed, size, or weight restrictions do not apply to ESAs.
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