ESA letter for housing

Federal fair housing law bans disability discrimination in housing, rentals included. HUD's rule at 24 CFR 100.204 makes it illegal to deny reasonable changes to a provider's rules, policies, practices or services if someone with a disability may need those changes to have an equal chance to live in and enjoy their home.

Requesting that your landlord set aside a no-pets rule so you can keep an emotional support animal is one type of accommodation request. For FHA purposes, disability covers a mental or psychological impairment that significantly restricts at least one major life activity, for instance caring for yourself, learning or working.

Federal guidance has shifted, so it helps to know where things stand now. HUD pulled two notices, FHEO-2013-01 and FHEO-2020-01 (the 2020 one dealing with assistance animals), with the withdrawal taking effect September 17, 2025. Neither should be treated as authoritative anymore.

HUD followed up with enforcement guidance on May 22, 2026. A request for an animal with individual training to carry out disability-related tasks, psychiatric service dogs included, is presumed reasonable. A request for an untrained emotional support animal gets no such presumption and is weighed on its own facts.

The guidance also abandoned HUD's 2020 position barring housing providers from charging fees for untrained ESAs. It didn't introduce any new documentation requirement. The FHA, 24 CFR 100.204 and the Joint Statement that HUD and the Justice Department issued in 2004 haven't changed, and you can still bring a private lawsuit.

According to the 2004 Joint Statement, if it isn't apparent that you have a disability or why you need the accommodation, a housing provider can seek reliable information showing the disability, describing the accommodation and linking them. Many tenants provide this through a letter from a licensed therapist who has evaluated them.

The Joint Statement also says that, in general, providers can't probe into your diagnosis or its severity, and that anything you share should stay confidential. Handing over your medical records isn't required.

For untrained ESAs, federal guidance no longer says fees are off limits. HUD's May 2026 memo withdrew that 2020 position and pointed to a 2025 court decision finding that waiving a general animal fee for an ESA wasn't shown to be necessary or reasonable in that case.

If your animal is a trained psychiatric service dog, the 2004 Joint Statement still bars providers from demanding an additional fee or deposit in exchange for approving a reasonable accommodation. Either way, a provider can bill you for real damage your animal does if it normally bills tenants for damage. A number of states set their own ESA fee rules, so check your state guide.

Federal law is a floor, not a ceiling. California, Colorado, Illinois, Florida, Indiana and other states have their own laws about emotional support animals in housing, including rules about documentation and misrepresentation. Some offer protections that go further than current federal guidance.

California is a good example. Under AB 468, a practitioner must have a client relationship of at least 30 days and complete a clinical evaluation before providing documentation for an emotional support dog. That's why California clients receive a letter of intent first and their ESA letter after a follow-up around day 30.

A clear, polite request gives your landlord what it needs to decide. These steps help you keep it simple and documented.

• Make your request in writing, by email or letter, and keep a copy.
• Name the animal or animals and say you're asking for an exception to pet rules as a reasonable accommodation.
• Attach your ESA letter from a licensed therapist.
• Ask the provider to confirm its decision in writing.
• If the request is denied, ask for the reason and whether an alternative is possible.
• If you think you were treated unfairly, ask a fair housing organization or a lawyer about filing a complaint.

A housing provider can turn down a request when the animal would directly threaten others' safety or do substantial damage that no reasonable step could lessen, or when approving it would be an undue burden. Under the 2026 guidance, a request for an untrained ESA can also be judged unreasonable based on the specific facts.

Some small owner-occupied buildings and certain other housing may be exempt from parts of the FHA. Your animal also needs to be manageable, house-trained and not a nuisance to neighbors.

Our ESA letter follows a short evaluation, five to ten minutes over phone or video, in which a licensed therapist assesses your needs. When an ESA is appropriate, a signed PDF letter is usually ready the same day, priced at $129 for up to 2 animals or $199 for 3 or more. You're charged only when your letter is issued.