How to Handle Service Animal and Emotional Support Animal Requests
April 30, 2023Service animals and emotional support animals (ESAs) are treated very differently from ordinary pets under Fair Housing law, and getting this distinction wrong is one of the more common — and legally risky — mistakes landlords make.
They are not the same as pets, legally
Under the Fair Housing Act, both service animals and ESAs are considered reasonable accommodations for a disability, not pets — meaning standard pet policies, pet fees, pet deposits, and breed or weight restrictions generally cannot be applied to them.
What you can ask for a service animal
For a service animal, you generally can only ask whether the animal is required because of a disability and what task it's trained to perform — you cannot require documentation, proof of training, or ask about the specific nature of the disability.
What you can ask for an emotional support animal
Unlike service animals, you can request reliable documentation supporting the need for an ESA — commonly a letter from a licensed healthcare provider — since ESAs aren't trained to perform a specific task the way service animals are.
You generally cannot charge a pet fee or deposit
Because service animals and legitimate ESAs aren't classified as pets, standard pet fees and deposits typically don't apply — though the tenant generally remains responsible for any actual damage the animal causes, just as with any other damage to the unit.
Denying a request requires a specific, legitimate basis
A request can be denied in narrow circumstances — for instance, if the specific animal poses a direct, documented threat that can't be mitigated — but a general policy against pets, breed restrictions, or simple preference are not valid reasons to deny a legitimate accommodation request.
Frequently Asked Questions
Can I charge a pet deposit for a service animal or ESA?
Generally no — because they're legally treated as a reasonable accommodation rather than a pet, standard pet fees and deposits typically don't apply, though the tenant remains responsible for any actual damage the animal causes.
Can I ask for documentation for a service animal?
No — for service animals specifically, you can only ask whether the animal is required due to a disability and what task it performs. Requiring documentation or proof of training is not permitted for service animals.
Can I ask for documentation for an emotional support animal?
Yes — unlike service animals, you can request reasonable documentation supporting the need for an ESA, commonly a letter from a licensed healthcare provider, since ESAs don't perform a specific trained task.
Can I deny a service animal or ESA request?
Only in narrow circumstances — such as the specific animal posing a documented direct threat that can't be reasonably mitigated. A blanket no-pets policy, breed restriction, or general preference is not a valid basis to deny a legitimate request.
Are there breed or size restrictions for service animals and ESAs?
Generally no — standard breed, size, or weight restrictions that apply to regular pets typically don't apply to service animals or legitimate ESAs, since they're not classified as pets under Fair Housing law.