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ESA in a 'no pets' building — can the landlord refuse?

CAriver_p1 month ago

I have an ESA letter from my therapist. Building is 'no pets.' Can they refuse?

1 reply

✓ Verified answer from a licensed attorney — shown first

Jamal Washington avatarJamal WashingtonVerified Attorney1 month ago

Generally no. The federal Fair Housing Act requires landlords to make 'reasonable accommodations' for disability — and an ESA recommended by a treating provider is a recognized accommodation. The landlord can ask for documentation of the disability and the disability-related need (but NOT for medical records or the diagnosis). They can refuse if the animal poses a direct threat or causes substantial property damage, but those are narrow exceptions. They cannot charge a pet deposit or pet rent for an ESA. If they refuse, file a HUD fair-housing complaint — it's free and HUD investigates. Save all written communications.

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