Emotional Support Animals & the Fair Housing Act: Fighting Back Against Illegal Housing Discrimination

If you rely on an emotional support animal (ESA) for comfort and stability, you are protected under the Fair Housing Act (FHA). This federal law ensures that individuals with disabilities are allowed reasonable accommodations in housing, including the right to live with an ESA—even in properties with strict no-pet policies. Unfortunately, not all landlords or homeowners associations (HOAs) comply with these laws, leaving tenants feeling frustrated and discriminated against. If you believe your rights are being violated, Boston Dog Lawyers is here to help.

Understanding the Fair Housing Act and ESAs

A woman sits by the window as her loyal dog provides comforting companionship.

The FHA prohibits housing discrimination against individuals with disabilities. Under this law, landlords and HOAs must provide reasonable accommodations for individuals who require an ESA. Unlike service animals, ESAs do not need specialized training, but they must be prescribed by a licensed mental health professional as necessary for emotional well-being.

Key points under the FHA regarding ESAs include:

• Landlords and HOAs cannot refuse to rent or impose pet restrictions on an ESA.

• They cannot charge extra pet fees or deposits for ESAs.

• Requests for ESAs should be processed promptly and fairly.

• Landlords and HOAs may request documentation from a licensed professional but cannot demand access to private medical records.

When Your Rights Are Violated

A man finds support in the hug of his loyal dog.

Despite these legal protections, some landlords and HOAs still deny ESA requests, impose illegal fees, or create unnecessary hurdles for tenants. Common violations include:

• Outright refusal to allow an ESA.

• Excessive documentation demands.

• Charging pet fees or higher rent due to the ESA.

• Threatening eviction for having an ESA.

If you are facing any of these issues, Boston Dog Lawyers can advocate on your behalf. Our legal team specializes in cases involving ESA-related disputes and ensures that landlords and HOAs comply with federal law.

How Boston Dog Lawyers Can Help

Boston Dog Lawyers is dedicated to protecting the rights of ESA owners. When facing resistance from your landlord or HOA, our team can:

• Review your case and determine if your rights have been violated.

• Communicate with landlords or HOAs to ensure compliance with the FHA.

• File formal complaints with the U.S. Department of Housing and Urban Development (HUD) if necessary.

• Represent you in legal proceedings to protect your rights and keep your ESA in your home.

Don’t Let Housing Discrimination Affect Your Well-Being

A couple shares a warm cuddle with their beloved dog by the window.

Your emotional support animal is essential to your mental health, and you have the right to live with them without fear of discrimination. If your HOA or landlord is refusing to follow the law, Boston Dog Lawyers is ready to fight for you. Contact us today for a consultation, and let’s ensure your rights—and your ESA—are protected.