Key Takeaways
- Federal housing rules generally require landlords to accommodate tenants with an assistance animal, even in no-pet rental properties.
- Property owners cannot charge pet fees or deposits for ESAs, but tenants must provide documentation, such as an ESA letter from a licensed mental health professional.
Understanding Emotional Support and Assistance Animals
Emotional support animals (ESAs) are not the same as household pets. While they don’t need the specialized training of a service dog, ESAs provide comfort for tenants living with conditions like anxiety, depression, or PTSD. Because they’re considered assistance animals, most rental properties are legally required to allow them—even if the community has a no-pet policy.
At Connecticut Property Management, we often hear from owners who are unsure how to handle ESA requests. The good news is that when the process is handled properly, landlords can stay compliant while still protecting their properties.
The Legal Framework
Under the Fair Housing Act (FHA), landlords must provide “reasonable accommodations” for tenants with disabilities. This generally means:
- Tenants cannot be denied housing because they have an ESA.
- Rental properties with no-pet rules must still allow assistance animals.
- Pet fees, pet deposits, and pet rent cannot be charged specifically for ESAs.
The Department of Housing and Urban Development (HUD) enforces these housing rights, and compliance is non-negotiable. Our role as property managers is to help owners navigate these rules, verify documentation, and apply the same fair standards consistently.
Can a Landlord Deny an ESA Request?
There are limited scenarios where denial may be justified:
- Safety or property concerns. If an animal has a history of aggression or has already caused serious damage, the landlord may have grounds to deny.
- Unreasonable burden. In rare cases, if accommodating the ESA would create an undue financial or administrative strain, a landlord might be able to refuse.
- Lack of documentation. Tenants must provide an ESA letter from a licensed mental health professional. Without it, the request is not valid.
Most of the time, though, landlords need to approve the request. That’s why working with a property management company helps—our team knows when a denial is legally supported and when it would put you at risk of a discrimination claim.
Fees, Deposits, and Damages
One of the most common concerns owners bring to us is money. Here’s how it works:
- No ESA-specific fees. You cannot charge pet rent, pet deposits, or one-time ESA fees.
- Standard Security Deposit applies. Tenants remain responsible for any damages caused by their animals, and repair costs can be deducted from the regular deposit.
- Lease enforcement still applies. If an animal causes repeated damage or violates lease terms, owners can take the same enforcement steps they would with any other tenant issue.
We make sure rental agreements are worded correctly so owners are protected while staying compliant.
Can a Tenant Have Multiple Animals?
There isn’t a strict legal limit on the number of ESAs a tenant can have. However, each request must be supported by proper documentation, and the accommodation must remain reasonable for the size and condition of the rental unit. If multiple animals would create sanitation or safety problems, a landlord may have grounds to deny part of the request.
ESA Housing in Practice
Here’s how the process usually works when you have professional management in place:
- The tenant submits a request with an ESA letter from a mental health professional.
- We review the documentation to ensure it’s valid.
- If approved, the tenant keeps the animal without extra fees.
- We document the arrangement and update the lease as needed.
- At move-out, any damages caused by the ESA are handled through the standard Security Deposit.
This approach keeps everything consistent, protects the owner, and avoids costly legal missteps.
Emotional Support Animals vs. Service Animals
It’s easy to confuse ESAs with service animals, but the laws are different.
- Service animals (like guide dogs) are trained to perform tasks for individuals with disabilities and are covered by the Americans with Disabilities Act (ADA).
- Emotional support animals provide comfort but do not need specialized training. They’re protected under the Fair Housing Act, not the ADA.
Both are types of assistance animals, but the rules landlords must follow are not identical.
Best Practices for Landlords
At Connecticut Property Management, here’s how we guide property owners through ESA requests:
- Verify documentation. We confirm the ESA letter comes from a licensed mental health professional.
- Update the rental agreement. Lease language should clarify that tenants remain responsible for damages.
- Avoid illegal charges. We ensure no unlawful pet fees or deposits are added.
- Stay compliant. When requests get complicated—such as multiple ESAs—we guide owners toward HUD resources or legal advice to stay on safe ground.
FAQs About Emotional Support Animals
Yes, unless the property is exempt, such as an owner-occupied building with four or fewer units.
Only under specific conditions, such as safety concerns, major damage, or missing documentation.
No. Pet fees and deposits are prohibited, but tenants are responsible for damages under the Security Deposit.
They must provide an ESA letter from a licensed mental health professional.
There is no set limit, but requests must be reasonable for the rental unit and supported by documentation.
Final Thoughts
So, do landlords have to accept emotional support animals? In nearly all cases, yes. Federal law requires landlords to accommodate tenants with ESAs, and trying to deny them can result in legal trouble.
For property owners, the key is knowing how to comply while protecting your rental investment. At Connecticut Property Management, we help you:
- Verify documentation without violating housing rights.
- Update lease agreements so expectations are clear.
- Handle tenant complaints and maintenance issues fairly.
When managed correctly, ESA requests don’t have to become a conflict. With clear communication, proper documentation, and professional oversight, landlords and tenants can both move forward with confidence.
