Service Animal vs ESA: Fair Housing Rules for Landlords 2026

Service Animals vs. Emotional Support Animals: What Landlords Need to Know

Confusion about service animals and emotional support animals (ESAs) leads to costly Fair Housing violations every year. This guide clarifies your obligations and how to handle accommodation requests properly.

Key Differences: Service Animal vs. ESA

Factor	Service Animal	Emotional Support Animal
Training	Specifically trained for tasks	No training required
Species	Dogs (and miniature horses)	Any animal
Documentation	None required	Healthcare provider letter
Public access	ADA protected everywhere	Housing only (FHA)
Pet deposits	Cannot charge	Cannot charge
Pet rent	Cannot charge	Cannot charge

What is a Service Animal?

Under the ADA, a service animal is a dog (or miniature horse) that is individually trained to perform specific tasks for a person with a disability.

Examples of Service Animal Tasks:

• Guiding a person who is blind
• Alerting a person who is deaf
• Pulling a wheelchair
• Alerting to seizures
• Reminding to take medication
• Calming during PTSD episodes

What is an Emotional Support Animal?

An ESA provides comfort through companionship for a person with a mental health disability. ESAs:

• Don't require specific training
• Can be any species (dogs, cats, rabbits, etc.)
• Require documentation from healthcare provider
• Are protected under Fair Housing Act (not ADA)

Landlord Obligations Under Fair Housing

You MUST:

• Allow service animals regardless of pet policies
• Allow ESAs with proper documentation
• Waive pet deposits and pet rent
• Provide reasonable accommodations
• Keep disability information confidential

You CANNOT:

• Require registration or certification for service animals
• Ask about the nature of a disability
• Charge pet fees or deposits
• Limit the animal's access to common areas
• Require the animal wear a vest

What Documentation Can You Request?

For Service Animals:

• You may ask only two questions:
  1. Is this a service animal required for a disability?
  2. What task is the animal trained to perform?
• You CANNOT require documentation

For ESAs:

• You may request a letter from a licensed healthcare provider
• The letter should state:
  • The person has a disability
  • The animal provides disability-related support
  • The provider's license information

Red Flags for Fraudulent ESA Letters

• Issued by website-only services
• Provider has never met the person
• Generic template language
• No verifiable license number
• Issued same-day after online questionnaire

Note: HUD guidance allows landlords to verify the provider's credentials.

When You Can Deny an Accommodation

Valid reasons for denial:

1. Direct threat - Animal has attacked someone or poses danger
2. Property damage - Animal has caused significant damage
3. Undue burden - Request would cause undue hardship
4. Not a disability - Person doesn't have qualifying disability
5. Fraudulent documentation - Provider isn't legitimate

Breed Restrictions and Service Animals

You generally CANNOT enforce breed restrictions against:

• Service animals (even "dangerous" breeds)
• ESAs (unless direct threat documented)

However, insurance complications may arise. Consult your insurance provider.

Handling Requests: Best Practices

1. Treat all requests seriously and respectfully
2. Respond promptly (within 10 days recommended)
3. Document all communications in writing
4. Keep disability information confidential
5. When in doubt, consult an attorney

Penalties for Fair Housing Violations

• First violation: Up to $16,000+ in penalties
• Second violation: Up to $37,500+
• Third+ violation: Up to $65,000+
• Plus compensatory and punitive damages

Related Resources

• Fair Housing Act Guide - Complete compliance guide
• Tenant Screening Checklist
• Eviction Notice Templates