Assistance animals in rental housing

A plain-English guide for renters and landlords to service animals and emotional support animals (ESAs) under the federal Fair Housing Act. General information, not legal advice.

Service animals vs. emotional support animals

Pet fees, deposits and pet policies

• No pet fees, pet deposits or pet rent. Housing providers generally may not charge these for an approved assistance animal. HUD's withdrawn guidance said so, and some state laws say it directly. For example, Florida law says a person with an approved ESA "may not be required to pay extra compensation for such animal" (Fla. Stat. 760.27).
• "No pets" policies, breed bans and weight limits generally can't be applied to an approved assistance animal automatically. Any denial should be based on the specific animal's actual conduct, not its breed or size.
• The tenant is still responsible for damage. A landlord can charge for actual damage the animal causes, the same way they would for any damage a tenant causes. Florida law, for example, makes the person liable for damage their ESA causes (760.27(4)).

Requesting a reasonable accommodation

• A renter can ask at any time: before applying, during the lease or when getting a new animal. The request can usually be made in writing or verbally; writing gives both sides a record.
• A landlord may offer a standard request process, but shouldn't deny a request just because the renter didn't use a particular form. Florida, for example, bars requiring a specific form or a notarized statement (760.27(3)(b)).

What documentation a landlord may ask for

• If the disability or the need for the animal isn't obvious, a landlord may ask for reliable information that supports it, often a letter from a health care professional who has personal knowledge of the person's condition.
• Landlords generally may not ask for a diagnosis, how severe it is, or medical records. Florida law says this explicitly (760.27(3)(a)).
• Online "registrations," ID cards, certificates and vests aren't enough on their own. There is no official government ESA registry. Florida law says an internet registration or certificate "is not, by itself, sufficient" (760.27(3)(c)).

Limits

• Direct threat or damage: a request can be denied if the specific animal poses a direct threat to others' health or safety, or would cause substantial physical damage to others' property, and that threat can't be reduced or eliminated another way.
• Undue burden: an accommodation isn't required if it would impose an undue financial and administrative burden, or fundamentally change the housing provider's operations.
• Normal tenant rules still apply: the animal must be cared for and controlled, and the tenant is responsible for damage, noise and cleanup like any other tenant.

Honesty matters: ESA letters are only for genuine need

An ESA letter is only for people with a real disability and a disability-related need for the animal. It isn't a way to avoid pet rent. Misusing ESA protections hurts people who rely on them, and some states penalize it:

• Florida: knowingly falsifying ESA documentation or misrepresenting a need for an ESA is a second-degree misdemeanor, with 30 hours of community service (Fla. Stat. 817.265).
• California: under AB 468, now Health and Safety Code 122318, a health care practitioner can't provide ESA documentation for a dog unless they hold a valid license, have had a client relationship with the person for at least 30 days (with an exception for people verified as homeless), complete a clinical evaluation, and warn that fraudulently presenting a dog as a service dog is a misdemeanor.

Beware of instant-letter mills. Be cautious of sites that promise a letter with no real evaluation, sell "registrations," certificates or vests as if they were official, or market ESA letters mainly as a way to skip pet fees. A legitimate letter comes from a licensed clinician after a real evaluation, and some states require an ongoing relationship first.

Renters: think you may qualify?

Then submit your request to your landlord with the supporting letter, keep copies, and give the landlord reasonable time to respond. If you believe you've been discriminated against, you can file a complaint with HUD or contact your state or local fair housing agency.

Landlords: handling requests fairly and lawfully

1. Treat it as an accommodation request, not a pet application. Don't apply pet fees, pet rent, pet deposits, breed or weight limits to an approved assistance animal.
2. Only ask for what you need. If the disability and the need are obvious, you generally don't need documentation. If they aren't, you may ask for reliable supporting information, but not a diagnosis or medical records.
3. Don't insist on a specific form or a notarized letter, and don't rely on online registrations or certificates either way.
4. Decide promptly and individually. Base any denial on the specific animal's actual behavior (direct threat or substantial damage that can't be reduced) or on undue burden, never on breed, size or assumptions. Talk with the renter about alternatives before denying.
5. Keep normal rules in place: the tenant remains responsible for damage, noise and cleanup.
6. Put your process in writing, apply it consistently, and check your state's law, which may add requirements.

Resources: HUD: Fair Housing · 24 CFR 100.204 (reasonable accommodations) · HUD's September 2025 withdrawal notice · our pet deposit & fees guide.

Disclaimer: This page is general information, not legal advice, and may not reflect the latest law where you live. Federal guidance has changed recently, and state and local laws vary. For advice about your situation, talk to a licensed attorney or your state or local fair housing agency. PetFriendlyPad isn't affiliated with any ESA provider. Last reviewed October 17, 2026. Questions or corrections: [email protected].