Service Animals and Emotional Support Animals in Apartments: What Renters Should Know

By Adam Bakonis and the Mercury Team

You have a service animal, and you’re trying to find a new place to live, but you’re not sure about the rules of the apartment complex. Having a service animal is different from having a pet. In fact, service and emotional support are protected under federal law. Before you ever sign a lease, you’ll need to know your rights and responsibilities, along with those of your landlord.”

Emotional Support Animals and Renting: Understanding Your Rights

According to the Centers for Disease Control, nearly one in four U.S. adults lives with a disability, many of whom may qualify for an emotional support animal-related (ESA) accommodation. ESAs are protected under the Fair Housing Act (FHA), which requires landlords to make reasonable accommodations for tenants with disabilities.;

Unlike your traditional pets, ESAs are considered assistance animals when they help alleviate symptoms of a mental or emotional disability. This means landlords generally can’t deny you housing solely because you have an emotional support animal, even in buildings with strict no-pet policies, as long as your request is reasonable.

“Unlike a traditional pet, service animals and emotional support animals are legally protected accommodations that can help individuals manage disabilities and navigate daily life,” says Adam Bakonis, Sr. Manager, Product Management. “Be sure you understand the distinction and the rights you have when renting a home or apartment.”

Renting With an Emotional Support Animal: What Landlords Can and Cannot Ask

Whether you’re renting with an emotional support animal or a service animal, there are things that landlords can ask for — and things prohibited by law. In fact, a 2024 report from the National Fair Housing Alliance found that discrimination based on disability accounted for about 52.6% of all fair housing complaints filed nationwide, making it the most commonly reported basis of housing discrimination. Here’s what you may be required to provide and what your prospective landlord cannot require or ask:

A landlord can ask for …

• Documentation confirming that you have a disability and that an emotional support animal is needed to assist with that disability.
• A letter from a licensed healthcare professional supporting the need for an emotional support animal.
• Assurance that the animal does not pose a direct threat to others or create significant, unmanageable property damage

A landlord cannot ask for or require …

• Details about your specific medical diagnosis or condition.
• Medical records or access to your health history.
• Registration, certification, or proof from online emotional support animal databases.
• Breed, size, or weight restrictions apply to an emotional support animal.
• Denial of a reasonable accommodation solely because the property has a no-pets policy.

Can Apartments Deny Service Animals?

Apartments generally cannot deny service animals, regardless of pet policies. In fact, service animals have even stronger protections under both the Americans with Disabilities Act (ADA) and the Fair Housing Act. These animals are typically trained to perform specific tasks for a person with a disability, such as guiding someone who is visually impaired or alerting a person with diabetes to blood sugar changes.

Landlords are basically limited to asking only two questions: whether the animal is required because of a disability and what tasks the animal is trained to perform. They cannot require proof of training or certification.

How Pet Policies Differ From Assistance Animal Rules

Pet policies apply to animals kept for companionship, while assistance animals are legally protected accommodations. That means if you’re looking into renting with an emotional support animal, you should not have to pay pet fees, deposits, or extra rent for the animal. You are responsible for any damage your animal causes, however.

How Renters Insurance Can Help Protect You and Your Animal

While renters insurance doesn’t replace legal protections, it can provide valuable financial coverage. Most standard renters insurance policies cover personal property damage and may include liability protection if your animal accidentally injures someone or damages another tenant’s property. When you get renters insurance quotes, make sure you’re clear on the coverage since some policies or insurers may exclude certain dog breeds or animal-related incidents.

Contact Mercury today for a fast, free renters insurance quote.

FAQs About Service Animals and Emotional Support Animals in Apartments

Can a landlord charge pet rent for a service animal or emotional support animal?

No. Federal law prohibits landlords from charging pet rent, pet fees, or pet deposits for service animals or emotional support animals. However, tenants may still be charged for actual damage caused by the animal.

What happens if a property has a no-pets policy?

A no-pets policy does not override federal housing laws. Landlords must still allow service animals and emotional support animals as reasonable accommodations unless the animal poses a direct threat or causes undue financial or administrative burden.

Do I need documentation to rent with an emotional support animal?

Yes, in most cases. Landlords may request a letter from a licensed healthcare provider confirming your need for an emotional support animal, but they cannot demand medical records or third-party registrations.