Can a landlord deny my housing application for not providing an ESA letter?
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Legally, your application can be denied if the place does not allow pets and you do not provide an ESA letter. While they cannot deny your application solely because of the date on the letter, you are still required to provide an ESA letter to have any legal ground to contest the denial.
Once you provide a letter demonstrating your daughter's disability-related need for an assistance animal, your landlord is required to allow reasonable accommodation under the Fair Housing Act. (42 U.S.C. § 3604(f)(3)(B)), 24 C.F.R. § 100.204)
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I applied for housing. After submitting the application, the landlord told me that I needed an ESA letter dated before I submitted the application.
I'm sorry to hear about the situation with your housing application.
Do you currently have an Emotional Support Animal (ESA)?
Yes, it’s for my daughter.
Have you already provided the landlord with an ESA letter dated before you submitted the application?
No, because he did not tell me that I needed the letter dated before the application date. I lost the one I had when I moved here from out of town.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you?
Rest assured they'll be able to help with your ESA letter issue.
The dog is an ESA for my daughter. She’s sad because we lost my mom, and then a few months later, her dad.
Hello! Thank you for allowing me to assist you today. My name is Ashley, and I am a licensed attorney.
You applied for housing, but after submitting the application and paying the fee, the landlord informed you that you needed an ESA letter dated before the application. Is that correct?
Yes, that's correct.
Did you provide an ESA letter at all?
No.
Legally, your application can be denied if the place does not allow pets and you do not provide an ESA letter. While they cannot deny your application solely because of the date on the letter, you are still required to provide an ESA letter to have any legal ground to contest the denial.
Once you provide a letter demonstrating your daughter's disability-related need for an assistance animal, your landlord is required to allow reasonable accommodation under the Fair Housing Act. (42 U.S.C. § 3604(f)(3)(B)), 24 C.F.R. § 100.204)
Ok. Thank you.
