Working Around a No Pet Policy When Renting with an Emotional Support Animal

As any pet parent who’s spent time browsing their local rental market already knows, it’s not uncommon for landlords or management companies to impose a no pet policy. Usually, the worry is that pets will cause disturbances or damages to the property, or there may be insurance restrictions preventing a pet allowance. But while your typical renters have to abide by an apartment’s no pet policy (however unfair it may seem), those who have an emotional support animal do have some lee-way.

Landlords are not required to forgo a no pet policy and allow those with emotional support animals to live with their pets, even if the animal was prescribed to an individual as a means of therapeutic treatment. However, there are some potential workarounds. Here’s what you need to know about navigating the rental market with an emotional support animal and increasing your chances of success in the face of a no pet policy.

An emotional support animal vs. a service animal

Under the Americans with Disabilities Act (ADA), any disabled person who relies on a service animal is entitled to accommodations that allow for their animal to live with them, even in places where pets are not usually permitted. That’s because service animals aren’t considered pets—they’re animals who are trained to accompany an individual with a disability and perform specific tasks for them.

Where things get tricky for those with an emotional support animal is that, unlike service animals, emotional support animals do not have any sort of protected status under the ADA. While both emotional support animals and service animals play important roles for their caregivers, only service animals receive a protected legal status.

Because of this important distinction, an emotional support animal is not exempt from public and private restrictions about where they can and cannot be in the same way that a service animal is. As such, renting with a service animal is pretty easy—even when there’s a no pet policy. The same cannot be said for renting with an emotional support animal.

Getting prepared

If you’re starting the process of finding a rental with your emotional support animal, there are a few things you can do to increase your chances of finding flexibility within a no pet policy. The first is to get an official letter from your psychologist or psychiatrist prescribing you with an emotional support animal. Keep in mind that the letter must come from a licensed mental health provider, and should include identifying information like your doctor’s license type and number.

Of course, not all emotional support animals are prescribed by licensed professionals. Often, individuals make the choice for themselves that an animal would provide them with the therapeutic support and companionship that they need for better mental health. If this is the case and you aren’t currently working with a mental health provider who can write you a prescription letter, you can apply to get an official letter online. Be wary, however, of websites offering fake letters. Be sure to go through a reputable service that only works with licensed mental health workers.

What if your landlord still says no?

Ultimately, allowing a renter to live with an emotional support animal despite a no pet policy is up to the discretion of the landlord or management company, even if provided with proper documentation from a licensed mental health professional.

If your landlord still says no, sometimes your best bet is just to look elsewhere and find a landlord who is more open to the prospect. If you’re really intent on living in a particular place though, you have two other modes of potential recourse:

• Get a letter from a lawyer. There’s no legal requirement stating that a landlord has to bypass a no pet policy for an emotional support animal, but that doesn’t mean a letter from an attorney won’t help.
• Contact the U.S. Department of Housing and Urban Development (HUD) and file a complaint. Keep in mind however that this type of case may not make it to the top of the pile. If you’re on a time crunch, this option probably isn’t your best bet.

The Fair Housing Act (FHA) dictates that there are some situations where landlords are under no obligation to even consider emotional support animals. These include buildings with four or fewer units where the landlord occupies one of the units, and single family accommodations rented or sold without a real estate broker. If neither of these distinctions apply to the rental you’re interested in, your landlord should probably at least consider your request for an emotional support animal accommodation.

The takeaway

An emotional support animal can absolutely provide an individual with a fundamental service for better health. But unfortunately, their status is not legally protected under the ADA. As a result, renting with them may still prove to be tricky when a no pet policy is involved.

Your best bet is to go in prepared. Have an official letter documenting your need for an emotional support animal ready before you start searching for a new rental, and learn to advocate for yourself. Don’t just take a no pet policy at face value if you find a place you really like—it’s always worth a try to see if your landlord or management company will be open to making an exception.

No landlord is required to allow an individual with an emotional support animal to reside in a residence with a no pet policy. However, except in those cases outlined by the Fair Housing Act, most of them should at least consider it. You may be surprised to find that a policy isn’t as strict as you thought, or that a landlord is willing to work with you in order to provide an accommodation. You may have to pay a pet deposit or incur an additional charge on your rent each month, but depending on your situation, that may be the most favorable option.

With patience, you should be able to find either a rental that doesn’t have a no pet policy or one where the landlord is open to working with you. Be patient, speak up, and never be afraid to ask—it may just be that easy.