Sometimes landlords will ask to see a certificate or registration for your emotional support animal (ESA) because they are misinformed about the law. You do not need to register your emotional support animal with any database or organization. Certificates and registration have nothing to do with legitimately qualifying for an ESA. The Department of Housing warns tenants against using sites that sell registration numbers or licenses for an ESA. So how do you qualify for an ESA?

A labrador puppy wearing a red collar — Credit: Unsplash.

A legitimate ESA letter

The only legitimate way to qualify for an ESA is to obtain a letter from a licensed healthcare professional. You can get a legitimate emotional support animal letter from ESAPet as the company only works with qualified mental health professionals that can guarantee your letter holds up with federal and state laws.

You will begin by taking a short, confidential assessment to determine if you’re a good candidate for an ESA letter. If you are a good candidate, a telehealth appointment with a licensed mental health practitioner in your state will be set up for you. Once approved, you will receive your ESA letter within 24 hours.

The ESA letter should appear on the licensed healthcare practitioner’s letterhead, signed and dated, and contain license information and contact details. It will state that you have a mental or emotional impairment and that you need an ESA to alleviate the symptoms or effects of the impairment.

The Fair Housing Act (FHA)

The Fair Housing Act is a federal law that makes it illegal to discriminate against people because of disabilities. It defines disability as a physical or mental impairment that substantially limits one or more major life activities. Even if a lease says that no pets are allowed, landlords have to make reasonable accommodation for emotional assistance animals.

The purpose of the FHA rules when it comes to ESAs is to allow people who suffer from emotional and mental disabilities to have an equal opportunity to live and enjoy a dwelling as non-sufferers. ESAs can have great therapeutic benefits for those who suffer from conditions such as anxiety, panic attacks, PTSD, depression or phobias like agoraphobia.

How the law affects housing providers

If you provide a landlord with an ESA letter and request reasonable accommodation for your ESA, they must grant your request, except in a few limited situations. Sometimes landlords will make additional demands after you present them you’re your ESA letter and request accommodation. If they make demands, you need to be aware of what they can’t do according to the law.

They can’t make you register an ESA as there is no official registry for them.
They can’t ask you for certification.
They can’t ask for extensive details about your disability, require a medical examination or request medical records.
They can’t insist that health care professionals use a specific form or provide a notarized statement.
They can’t make you pay fees, extra rent or deposits for ESAs.
They can’t impose any size or breed restrictions on ESAs as they can on normal pets.

You may voluntarily provide additional information if the request is reasonable and falls within the scope of what landlords are permitted to ask.

When can a housing provider deny an ESA?

The Fair Housing Act applies to most housing, except for single-family homes an owner rents without using a broker or owner-occupied buildings with no more than four units.

A landlord can deny a request if an ESA could potentially harm others, pose a health threat or cause significant damage to property.

What if a landlord refuses to comply?

Some landlords are anti-ESAs and will try to prevent you from living with your ESA. Before denying a request, landlords must engage in dialogue with you and try to accommodate your request. They should respond to you within 10 days of presenting them with your letter. What should you do if you believe a landlord is unfairly denying your request?

You need to make sure that a landlord is aware of the Fair Housing Act and the rules, as well as the penalties they could face if they fail to comply. Many of them are unaware of the rules, and a constructive dialogue can sort out the problem. As a last resort, you can file an official complaint with the Department of Housing. You have legal rights against the landlord for violating federal law.

ESAs in public places and on flights

The FHA allows tenants to live in homes with ESAs, but they do not automatically have the right to be in public places such as hotels, restaurants or grocery stores. They do not have the automatic right to fly on airplanes either, and it is up to the individual airlines to decide whether to accept them. They are not like service dogs that must be permitted in public places and on flights.

Disclosure: This is a collaborative post.