Can you deny an ESA (Emotional Support Animal)??

Allentown, Pennsylvania
Tenant Screening
2yFollow

Can you deny an ESA (Emotional Support Animal)??

Jimmy Jefferson
Rental Property Investor · Doylestown, PA · Member since 2019 · 20 posts · 3 votes

I recently rehabbed a property, signed a 2 yr lease with someone, then about a week before she’s supposed to move in, she informs me that she has an ESA (Emotional Support Animal), a huge dog - lab mix. We have a no pets policy and now she is saying we “can’t deny her housing”. However, we definitely do not want a dog in our newly renovated property. We told her the property and the current tenants in the apartment building (it’s a 5 unit building) can’t accommodate her dog, but she is adamant on moving in per the signed lease (which mentions nothing about her ESA). 

Thoughts on ways to navigate this and avoid a large dog in our newly renovated property?! 

Thanks! 

0Reply
63 views

Most Popular Reply

Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
2y

Yes you can deny an ESA. No you cannot deny a true Service Animal. There are so many cases of fraud regarding ESAs that HUD has allowed Landlords to become stricter with them. Look this up to make sure you comply with state laws but here are a few reasons you can deny an ESA:

You can deny a tenant with an emotional support animal housing if:

  • They are unable to provide sufficient documentation, such as the emotional support animal letter, that verifies the ESA is necessary for their health and well-being.
  • The tenant provides fraudulent documentation attesting to their need for an emotional support animal (usually a fake emotional support animal letter).
  • The landlord can demonstrate that making accommodations for an ESA would impose undue financial burden or logistical burden. (Careful with this one! The hardship necessary to qualify must be significant and provable.)
  • In the case of an illegal breed… maybe. Some cities and states have "Breed-Specific Legislation" which makes it legal to exclude certain species or breeds of animals. Our research suggests that FHA laws supersede local regulations. If you come across this situation make sure to talk to local attorney so that you understand your responsibilities in your location.
  • The animal is destructive to the property or displays threatening behaviors that could put other tenants or yourself at risk.
  • The size or nature of the animal makes it impossible to house safely our humanely.
2Reply
See this reply in the discussion

4 Replies

Jump to latestLatest
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y

    ESA's are protected under the Fair Housing Amendments Act of 1988. $23,011 fine for a 1st time Federal Fair Housing fine. 

    [email protected]301-893-4635Podcast Guest on Show #192
    District Invest Group545 Reviews
    WebsiteView Page
    0Reply
  • Jim BouchardPro Member
    Investor · West Gardiner · Member since 2023 · 20 posts · 5 votes
    2y

    This article draws a distinction between ESAs and "service animals." I'd like to learn more about this too! Maybe a state by state issue?

    https://www.moving.com/tips/working-around-a-no-pet-policy-e...

    0Reply
  • Jim BouchardPro Member
    Investor · West Gardiner · Member since 2023 · 20 posts · 5 votes
    2y

    I just read the regulations for Maine. Here they recently changed the law to make no distinction between service animals and ESAs. However, landlords can charge for damages caused by the animal or have the animal removed if it poses a threat to the peaceable occupancy or safety of other tenants. Damage charges must equally apply to all tenants. Not sure how that works if you generally have a "no pets" policy, but it seems prudent to include an animal damage clause even if you have a no-pet rule just to comply. What a mess!

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y

    Yes you can deny an ESA. No you cannot deny a true Service Animal. There are so many cases of fraud regarding ESAs that HUD has allowed Landlords to become stricter with them. Look this up to make sure you comply with state laws but here are a few reasons you can deny an ESA:

    You can deny a tenant with an emotional support animal housing if:

    • They are unable to provide sufficient documentation, such as the emotional support animal letter, that verifies the ESA is necessary for their health and well-being.
    • The tenant provides fraudulent documentation attesting to their need for an emotional support animal (usually a fake emotional support animal letter).
    • The landlord can demonstrate that making accommodations for an ESA would impose undue financial burden or logistical burden. (Careful with this one! The hardship necessary to qualify must be significant and provable.)
    • In the case of an illegal breed… maybe. Some cities and states have "Breed-Specific Legislation" which makes it legal to exclude certain species or breeds of animals. Our research suggests that FHA laws supersede local regulations. If you come across this situation make sure to talk to local attorney so that you understand your responsibilities in your location.
    • The animal is destructive to the property or displays threatening behaviors that could put other tenants or yourself at risk.
    • The size or nature of the animal makes it impossible to house safely our humanely.
    2Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free