Emotional Support Animals (ESAs) provide vital comfort and stability to those struggling with mental health conditions, but many people run into challenges with housing providers questioning their legal right to that animal. Many landlords and HOAs misunderstand the law, leading to disputes, fines, or even eviction threats.
At Boston Dog Lawyers, we know how important your ESA is to your well-being. To help you protect your rights, here are key steps every ESA owner should take to document and defend their right to their animal before problems arise.
1. Obtain a Legitimate Emotional Support Animal Letter from a Qualified Professional
Your ESA must be prescribed by a licensed mental health professional, such as a therapist, psychologist, or psychiatrist. A valid ESA letter should:
Be printed on official letterhead
Include the provider’s license number and contact information
Clearly state your need for an ESA due to a diagnosed mental health condition
Be dated within the last year (most landlords require annual updates)
Red Flag: Many online ESA certification services offer instant approvals with no real evaluation—these are often dismissed by landlords and courts. Always work with a legitimate provider.
2. Understand the Laws That Protect You
Unlike service animals, ESAs are covered under this federal law:
The Fair Housing Act (FHA): Requires landlords to provide reasonable accommodations for ESAs in housing, even in no-pet properties.
Know This: Landlords cannot charge extra pet fees for an ESA, but they can request documentation and deny animals that pose a direct threat or cause significant damage.
Air travel is a different story. ESAs used to be categorized as service animals under the The Air Carrier Access Act (ACAA). But in 2020, the Department of Transportation declared that airlines “are not required to recognize emotional support animals as service animals and may treat them as pets.” This means airlines are no longer required to allow ESAs in cabins, so they may be subject to fees, breed or species restrictions and may be required to be in carriers for the flight.
Check the airline’s individual policy before attempting to fly with your ESA.
3. Keep a Clear Record of All Communication
Whenever discussing your ESA with a landlord or HOA:
Communicate in writing (email or certified letter)
Save copies of your ESA letter and all responses
Document any discriminatory statements or refusal to provide reasonable accommodation
If a dispute arises, having a paper trail strengthens your case.
4. Prepare for Pushback from Landlords or Neighbors
Many landlords don’t know the law, and neighbors may complain when they see an animal in pet-free housing. If you face challenges:
Stay calm and professional when explaining your ESA rights.
Refer landlords to HUD’s Fair Housing guidelines on ESAs.
Seek legal advice if your rights are being violated.
5. Know When to Get Legal Help
If you’re being fined, evicted, or harassed due to your ESA, don’t handle it alone. Boston Dog Lawyers specializes in ESA cases and can help you:
Prove your right to an ESA with solid documentation
Challenge illegal pet fees or discriminatory policies
Defend against wrongful eviction
Need help protecting your ESA rights? Contact Boston Dog Lawyers today for a case evaluation. We’ll assess your situation and fight for the legal protections you deserve.
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