When can a landlord legally reject an ESA

When can a landlord legally reject an ESA

There are a lot of scams claiming to provide documentation that an animal is an ESA ( Emotional Support Animal ). The tenant must have a physical or mental disability which majorly affects everyday life and it should be documented by a licensed medical professional. Tenants should be able to show that the animal can provide the support needed.

Owner occupied rentals with fewer than four units, single family homes rented without a real estate broker, and private clubs are exempt. Also, the presence of an ESA cannot override existing zoning or safety regulations.

When the legal standard under the FHA (Federal Housing Administration ) is not satisfied that the an ESA is permitted as a “reasonable accomodation” for a tenant with a qualifying disability or when an exception exists because the particular ESA does not meet the FHA standard because of a behavioral or other issue.

Do not believe the advice of ignorant landlords such as anyone who would post “the presence of an ESA cannot override existing zoning or safety regulations” because this is simply not correct. The FHA supercedes local laws which are often unconstitutional or violaove of the FHA. Landlords who post legal advice to others on Quora should be reported to the Attorney General in their jurisdiction for practicing law without a license.

According to the Fair Housing Act FHA, any person suffering from a mental or physical disability can live on the property with their emotional support animal. With the help of the ESA letter, I was able to live in the no-pet policy property. This Act protects disabled persons from discrimination by landlords. Thanks to the Fast ESA letter team who told me all the Laws and the exceptions where my ESA letter can be rejected. The landlord may legally reject your ESA letter or give you a notice if your pet harns someone else living on the property or does not follow certain rules.

Basic reasons for rejection an ESA by landlord

1When the landlord is not required to accept an ESA (there are certain classes of landlord who are not required to allow them).
2When the animal does not behave properly. For instance, if your emotional support peacock likes to scream its head off (peacock screams sound a lot like a woman being murdered) at 2am, causing a disturbance and preventing the neighbors from exercising their right to the “quiet enjoyment” of their homes, then you can be told the ESA must go.
3When you are not behaving properly where the animal is concerned. If you fail to keep the poo cleaned up, for instance, or allow it to run outside without a leash in a state/county/city with leash laws.
4When you cannot prove you NEED an ESA. “Proof” is as simple as your medical doctor writing a note that says “My patient’s condition requires an Emotional Support Animal as part of his/her treatment”.
5When the ESA is unsuitable for the premises. If your ESA is a horse and you rent a studio apartment, the landlord can say “I don’t think so”. The landlord is required to offer a REASONABLE accommodation so you can have the critter, but you also have a responsibility to use common sense in the animal you choose.
6Some landlords are not bound by FHA/HUD laws And do not have to accept ESAs at all.
7Reasonable Accomendation is all that is required by any landlords so if the animal in question is too big or a farm animal in residential zoning or a breed that would cause the landlords insurance costs to go up considerably they do not have to allow the ESA…the 3 mentioned are just a few examples.
8Your letter is not written by your local instate treating mental health professional on office letterhead stating you have a eligible diagnosis listed in the DSM and that the ESA is part of your ongoing treatment.
9Your ESA letter is more than a year old and or you do not have a current health certificate/ required licencing/ shot records for the animal.

However, rent laws ussually vary from state to state so you better consult local lawyer before finalising anything.

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