Emotional Support Animal Reasonable Accommodation Request

Purpose

This document provides templates for requesting a reasonable accommodation under the Fair Housing Act (FHA) to keep an emotional support animal (ESA) in housing, even where pets are prohibited or restricted. The FHA requires housing providers to make reasonable accommodations for persons with disabilities, including allowing assistance animals.

IMPORTANT DISTINCTIONS

Emotional Support Animals vs. Service Animals

What Housing Providers CANNOT Do:

☐ Charge pet fees, deposits, or pet rent for ESAs
☐ Deny housing based on breed, size, or weight restrictions
☐ Require specific training or certification
☐ Demand extensive medical records or diagnosis details
☐ Require registration with any specific website or registry
☐ Apply blanket "no pets" policies to ESAs
☐ Ask about the nature or severity of disability

What Housing Providers CAN Do:

☐ Request documentation if disability is not obvious
☐ Verify that the person has a disability-related need for the animal
☐ Deny if animal poses a direct threat to safety (with evidence)
☐ Deny if animal would cause substantial property damage (with evidence)
☐ Require tenant to comply with other lease terms (cleaning, noise, etc.)
☐ Take action if animal causes disturbances or damage

DOCUMENTATION REQUIREMENTS

HUD Guidance on Documentation:

Housing providers may ask for documentation if:
1. The disability is NOT readily apparent or known, AND
2. The need for the animal is NOT readily apparent

Acceptable Documentation:
- Letter from licensed healthcare provider (physician, psychiatrist, psychologist, therapist, social worker, etc.)
- Must establish: (1) person has a disability, AND (2) disability-related need for animal

NOT Acceptable:
- Online ESA registries or certification websites
- Documentation from providers with no treatment relationship
- Requiring specific forms or formats
- Demanding detailed medical records

What the Letter Should Confirm:

1. The person is under the provider's care
2. The person has a disability as defined by fair housing law
3. The person needs the assistance animal because of the disability
4. How the animal provides disability-related assistance

STATE-SPECIFIC VARIATIONS

California

• 30-day treatment relationship required before provider can issue letter
• AB 468 (2022) requires specific disclosures in ESA letters
• No-pet policies cannot be enforced against ESAs
• Landlord must respond to requests within reasonable time

Florida

• Fines for fraudulent ESA documentation
• Landlord can require documentation every year
• Criminal penalties for misrepresenting need for ESA

New York

• Strong protections for ESA owners
• Landlords must engage in interactive process
• Cannot deny based on breed or weight
• NYC Human Rights Law provides additional protections

Texas

• Follows federal FHA standards
• No state-specific ESA legislation
• Landlords can request reliable documentation

TEMPLATE 1: ACCOMMODATION REQUEST LETTER

[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[YOUR EMAIL]
[YOUR PHONE]

[DATE]

[LANDLORD/PROPERTY MANAGER NAME]
[MANAGEMENT COMPANY NAME, IF APPLICABLE]
[ADDRESS]
[CITY, STATE ZIP]

RE: Request for Reasonable Accommodation - Emotional Support Animal
Property Address: [YOUR RENTAL ADDRESS]
Unit Number: [IF APPLICABLE]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

I am writing to request a reasonable accommodation under the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B), and [STATE] fair housing laws.

ACCOMMODATION REQUESTED

I am requesting permission to keep an emotional support animal in my rental unit at the above address. I understand that the property has a [no-pet policy / pet restrictions]. I am requesting this accommodation because I have a disability and my emotional support animal provides disability-related assistance that is necessary for me to have an equal opportunity to use and enjoy my housing.

ABOUT MY EMOTIONAL SUPPORT ANIMAL

• Type of Animal: [DOG/CAT/OTHER]
• Breed: [BREED]
• Name: [ANIMAL'S NAME]
• Weight: [APPROXIMATE WEIGHT]
• Age: [AGE]

☐ I currently have this animal
☐ I intend to obtain this animal

DOCUMENTATION

☐ I have enclosed documentation from my healthcare provider confirming my disability and disability-related need for this emotional support animal.

☐ My disability is [apparent/known to you], therefore no additional documentation should be required.

☐ I am in the process of obtaining documentation and will provide it within [NUMBER] days.

MY COMMITMENTS

I commit to the following regarding my emotional support animal:

☐ Ensuring the animal does not pose a direct threat to the health or safety of others
☐ Ensuring the animal does not cause substantial property damage
☐ Maintaining control of the animal at all times
☐ Complying with applicable laws regarding animal licensing, vaccination, and registration
☐ Cleaning up after the animal in common areas
☐ Preventing unreasonable noise or disturbances
☐ Notifying you of any changes to my accommodation needs

LEGAL BASIS

Under the Fair Housing Act and HUD regulations, housing providers must make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

The following rules apply to this request:

1. No Pet Fees: You may not charge pet deposits, pet rent, or pet fees for an emotional support animal (24 CFR § 100.204).

2. Breed/Size Restrictions: Breed, size, and weight restrictions that apply to pets do not apply to assistance animals.

3. No Registration Requirements: You may not require that my ESA be registered with any organization or website.

4. Response Required: I request that you respond to this accommodation request within a reasonable time, typically 10-30 days.

REQUEST FOR WRITTEN RESPONSE

Please provide your response to this accommodation request in writing within [10/14/30] days. If you deny this request, please provide the specific reasons for denial in writing.

If you require additional information to evaluate this request, please let me know promptly so that I can provide it.

Thank you for your attention to this matter.

Sincerely,

_______________________________
[YOUR NAME]

Enclosure:
☐ Letter from Healthcare Provider
☐ [OTHER DOCUMENTATION]

TEMPLATE 2: HEALTHCARE PROVIDER LETTER

[LETTERHEAD OF HEALTHCARE PROVIDER]

[DATE]

RE: Emotional Support Animal Recommendation
Patient: [PATIENT NAME]

To Whom It May Concern:

I am a licensed [TITLE: physician, psychologist, licensed clinical social worker, licensed professional counselor, etc.] in the State of [STATE]. My license number is [LICENSE NUMBER]. I am providing this letter at the request of my patient, [PATIENT NAME].

TREATMENT RELATIONSHIP

[PATIENT NAME] has been under my professional care since [DATE]. ☐ I have conducted an in-person evaluation / ☐ I have conducted telehealth evaluation(s) of this patient.

DISABILITY STATUS

[PATIENT NAME] has a disability as defined under the Fair Housing Act—that is, a physical or mental impairment that substantially limits one or more major life activities.

NEED FOR EMOTIONAL SUPPORT ANIMAL

Based on my professional assessment, [PATIENT NAME] has a disability-related need for an emotional support animal. The emotional support animal provides therapeutic benefit that alleviates one or more identified symptoms or effects of [his/her/their] disability.

REQUESTED ACCOMMODATION

I am recommending that [PATIENT NAME] be permitted to keep [an emotional support animal / specifically, a [SPECIES/BREED] named [NAME]] in [his/her/their] residence as a reasonable accommodation for [his/her/their] disability.

PROFESSIONAL OPINION

It is my professional opinion that the emotional support animal is necessary for [PATIENT NAME]'s mental health and provides assistance that enables [him/her/them] to have an equal opportunity to use and enjoy [his/her/their] dwelling.

Please contact me if you have any questions regarding this recommendation.

Sincerely,

_______________________________
[HEALTHCARE PROVIDER NAME]
[TITLE/CREDENTIALS]
[LICENSE NUMBER]
[ADDRESS]
[PHONE]
[EMAIL]

TEMPLATE 3: FOLLOW-UP/APPEAL LETTER (If Request Denied or Ignored)

[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[YOUR EMAIL]
[YOUR PHONE]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[LANDLORD/PROPERTY MANAGER NAME]
[ADDRESS]
[CITY, STATE ZIP]

RE: Follow-Up on Reasonable Accommodation Request - SECOND REQUEST
Property Address: [YOUR RENTAL ADDRESS]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

On [DATE OF ORIGINAL REQUEST], I submitted a request for a reasonable accommodation to keep an emotional support animal in my rental unit. As of today, I have:

☐ Not received any response to my request
☐ Received a denial without adequate justification
☐ Been asked to provide information beyond what is required by law
☐ Been told I must pay a pet deposit/pet rent
☐ Other: [DESCRIBE]

RESPONSE TO YOUR [DENIAL/REQUEST]

[IF DENIED:]
Your denial of my accommodation request on [DATE] does not comply with fair housing law. You stated that [REASON GIVEN]. However, under the Fair Housing Act and HUD guidance:

[ADDRESS SPECIFIC REASON FOR DENIAL]

☐ "No pets policy": Pet policies do not apply to assistance animals, including emotional support animals.
☐ "Breed/size/weight restrictions": These restrictions cannot be applied to assistance animals.
☐ "Must be registered/certified": There is no legal requirement for ESA registration or certification.
☐ "Insufficient documentation": I have provided documentation from a licensed healthcare provider confirming my disability and need. You cannot require additional medical details.
☐ "Pet deposit/fee required": Fees and deposits for assistance animals are prohibited.
☐ "Direct threat/property damage": You have not provided evidence of actual threat or damage from this specific animal.

[IF NO RESPONSE:]
Your failure to respond to my reasonable accommodation request within a reasonable time may itself constitute a violation of the Fair Housing Act.

RENEWED DEMAND

I hereby renew my request for a reasonable accommodation to keep my emotional support animal. I request that you:

1. Approve my accommodation request within [7/10] days
2. Confirm in writing that I will not be charged pet fees, deposits, or pet rent
3. Confirm that breed/size/weight restrictions will not apply

NOTICE OF INTENT TO FILE COMPLAINT

If you fail to approve my reasonable accommodation request within the timeframe above, I intend to:

☐ File a complaint with the U.S. Department of Housing and Urban Development (HUD)
☐ File a complaint with [STATE FAIR HOUSING AGENCY]
☐ Pursue all available legal remedies, including damages for discrimination

Violations of the Fair Housing Act can result in significant penalties, compensatory damages, and attorney's fees.

I remain willing to discuss this matter and provide any additional information required by law.

Sincerely,

_______________________________
[YOUR NAME]

Enclosures:
☐ Copy of original accommodation request dated [DATE]
☐ Copy of healthcare provider letter
☐ [COPY OF DENIAL LETTER, IF APPLICABLE]

cc:
☐ [LOCAL FAIR HOUSING ORGANIZATION]
☐ [STATE FAIR HOUSING AGENCY]
☐ Personal file

FREQUENTLY ASKED QUESTIONS

Q: Can my landlord charge a pet deposit for my ESA?
A: No. Under the Fair Housing Act, landlords cannot charge pet deposits, pet fees, or pet rent for assistance animals, including emotional support animals.

Q: Can my landlord deny my ESA based on breed restrictions?
A: No. Breed, weight, and size restrictions that apply to pets generally cannot be applied to assistance animals.

Q: What if my landlord says ESA certificates/registrations aren't valid?
A: They're correct that commercial "ESA registries" have no legal standing. However, you only need a letter from a licensed healthcare provider with whom you have a treatment relationship—not registration with any website.

Q: Can my landlord ask about my specific diagnosis?
A: No. Landlords can only verify that: (1) you have a disability, and (2) you have a disability-related need for the animal. They cannot ask for your specific diagnosis or detailed medical records.

Q: What if my ESA causes damage or disturbances?
A: You are responsible for any damage caused by your ESA and must ensure it does not create unreasonable disturbances. A landlord may take action if the animal causes problems, but cannot deny the accommodation preemptively without evidence.

Q: Can I get an ESA letter online?
A: Be cautious. Many states now require the healthcare provider to have an established treatment relationship with you. Online-only "ESA mills" may not provide valid documentation. A letter from your own doctor, therapist, or mental health provider is generally most reliable.

Q: How long does my landlord have to respond?
A: There is no specific statutory timeline, but HUD guidance suggests responses within 10-30 days is reasonable. Undue delay may constitute discrimination.

Q: Can my landlord deny if a neighbor is allergic?
A: Generally, no. Allergies of other residents do not override your right to an accommodation. The landlord may need to work out arrangements with the allergic resident.

WHAT TO DO IF DENIED

1. Request Written Denial: Ask for the specific reasons in writing
2. Appeal: Respond addressing the reasons given (see Template 3)
3. Contact Fair Housing Organization: Get advice from local fair housing advocates
4. File HUD Complaint: You can file with HUD within 1 year of denial
5. File Lawsuit: You can sue in federal court within 2 years

DISCLAIMER

This template is provided for informational purposes only and does not constitute legal advice. Fair housing and disability accommodation law is complex. If your accommodation request is denied, consider contacting:

• HUD Fair Housing Hotline: 1-800-669-9777
• Local fair housing organization: www.nationalfairhousing.org
• Legal aid organization: www.lawhelp.org
• Disability rights organization: www.ndrn.org