Can you deny an ESA (Emotional Support Animal)??

[Jimmy Jefferson]

I recently rehabbed a property, signed a 2 yr lease with someone, then about a week before she’s supposed to move in, she informs me that she has an ESA (Emotional Support Animal), a huge dog - lab mix. We have a no pets policy and now she is saying we “can’t deny her housing”. However, we definitely do not want a dog in our newly renovated property. We told her the property and the current tenants in the apartment building (it’s a 5 unit building) can’t accommodate her dog, but she is adamant on moving in per the signed lease (which mentions nothing about her ESA). 

Thoughts on ways to navigate this and avoid a large dog in our newly renovated property?! 

Thanks! 

[Bruce Woodruff]

Yes you can deny an ESA. No you cannot deny a true Service Animal. There are so many cases of fraud regarding ESAs that HUD has allowed Landlords to become stricter with them. Look this up to make sure you comply with state laws but here are a few reasons you can deny an ESA:

You can deny a tenant with an emotional support animal housing if:

• They are unable to provide sufficient documentation, such as the emotional support animal letter, that verifies the ESA is necessary for their health and well-being.

• The tenant provides fraudulent documentation attesting to their need for an emotional support animal (usually a fake emotional support animal letter).

• The landlord can demonstrate that making accommodations for an ESA would impose undue financial burden or logistical burden. (Careful with this one! The hardship necessary to qualify must be significant and provable.)

• In the case of an illegal breed… maybe. Some cities and states have "Breed-Specific Legislation" which makes it legal to exclude certain species or breeds of animals. Our research suggests that FHA laws supersede local regulations. If you come across this situation make sure to talk to local attorney so that you understand your responsibilities in your location.

• The animal is destructive to the property or displays threatening behaviors that could put other tenants or yourself at risk.

• The size or nature of the animal makes it impossible to house safely our humanely.