What to do in case my landlord denies ESA letter?
An emotional support animal is more than just an animal, they are like a support system for its owners who are suffering from grief and trauma. They help their owners to function as a member of society and give them a purpose to look forward to getting back home. Which is very important in the case of the recent death of a loved one. Not every person has the power to pull through trauma on their own and Emotional support animals are the best way to help them out. And that’s where the ESA letter comes in handy! ESA letters allow you to keep your pet with you no matter if it’s a matter of flying in an aircraft or getting a house on rent.
But some landlords prohibit pets in their apartments. Their reasoning lies somewhere between the concern for other people in the neighborhood and the ESA letter being fake. But first, let’s learn about who protects you from them.
Who protects you in case of housing denial from a landlord?
Well, the good news is there is a law that works in your favor and gives you an upper hand if you have an emotional support animal letter with you. That law is-
The U.S. Fair Housing Act (FHA) – under the FHA, you can ask your landlord for reasonable accommodation for both you and your emotional support animal. Under the administration of the U.S. Department of Housing and Urban Development (HUD), this act prohibits a landlord from discriminating against a person/ tenant who comes under the protected class and has any mental or physical impairment.
What are the cases in which a landlord can deny an ESA letter?
In general, the FHA does not cover landlord’s buildings with more than four units, housing managed by private establishments or groups which limit property availability to members, or single-family housing rented without a real estate broker.
- A landlord or property management may also refuse an emotional support animal for the following reasons:
- The ESA has created financial difficulty for the property
- Animal health hazards or threats to other residents
- If the ESA has caused significant damage to property
- Emotional support animal letters that aren’t authentic
These are just a few examples of cases where a reasonable accommodation request does not apply. If your landlord has refused your request to keep your emotional support animal in your apartment, you may have other choices.
What can I do in case my landlord denies my ESA even if they are ESA doctor-approved?
If it does happen there are a few extra steps that you can take to gain back the trust of your landlord. You can achieve this by following these steps:
- Have a proper conversation with your landlord-
There are many cases in which a landlord denies a pet just because they do not understand what an ESA or ESA letters are! You can talk with your landlord to help them understand the concept and tell them how your emotional support animals help you with your condition. Chances are once they understand your situation they won’t have any obligation regarding your pet.
- Clean up after the pet-
Let your landlord know that you will take full responsibility for your pet and will clean up after them in case they make a mess or cause any damage to the property or the other tenants.
- Ask them about the issue-
Ask your landlords the reason based on which they are denying your housing rights. In case that reason comes out to be the breed or size of your pet then you have the right to tell them they can not deny your housing rights because of any discrimination of their size and breed.
- Show that your pet is well-behaved-
Let your landlord see that your pet is properly trained and well-behaved. Along with that, assure them that your pet will be a model citizen in their housing unit.
In case they are still not convinced you can file a complaint and HUD might be able to help you with the issue. However, only choose this option in case of extreme urgency and make sure you have a letter from an ESA doctor to back up your claims.