Short answer
Ask in writing, before the animal moves in if you can. Say you are requesting a reasonable accommodation for an assistance animal because of a disability, attach your ESA letter, name your animal, ask for pet fees and any breed or weight rules to be waived, and ask for a written answer by a set date.
2026 update: In May 2026, HUD changed how it enforces animal requests under the Fair Housing Act. It now presumes a request is reasonable only when the animal is individually trained to do disability-related work or tasks. The Act itself didn't change, you can still bring your own fair housing claim, and some state laws, such as California's, still protect emotional support animals that aren't trained. What changed and what it means for you.
Most ESA requests go smoothly. Landlords and property managers see them regularly, and a clear request with the right letter attached is usually approved without drama. The requests that go wrong tend to share the same problems: the animal moved in first, the request was verbal, or the letter was missing key details. All of that is avoidable.
When to ask
Under fair housing law, you can request a reasonable accommodation at any time: before you apply, during the application, at lease signing or partway through a lease. The best moment is before your animal moves in.
- New rental: ask with your application or before you sign, so the lease is written without pet rent or pet restrictions.
- Current rental: ask before the animal arrives. If your pet already lives with you, ask now, in writing, and stop adding to any lease violation.
- Lease renewal: if your letter is more than a year old, renew it before your lease renewal.
Before you ask: get the right letter
Your request is only as strong as your documentation. A solid ESA letter comes from a mental health professional licensed in your state and includes their name, license type, license number, the date and a signature. It confirms a disability and a disability-related need for the animal without naming a diagnosis. Our sample ESA letter shows every part.
How to make the request, step by step
- Put it in writing. Use email or the resident portal so there's a date stamp. A phone call or a chat in the leasing office is easy to forget.
- Use the words "reasonable accommodation." They signal that this is a fair housing request, not a pet application.
- Describe the animal. Species, name and, for dogs, approximate size. You don't need to explain your condition.
- Attach your ESA letter. Send a PDF and keep the original.
- Ask for the specific exceptions you need. The no-pet policy, pet rent, pet deposit, pet fees, and breed or weight limits.
- Ask for a written response within a reasonable time. Ten business days is a fair ask.
- Keep a record. Save the email, any replies and notes from any conversations.
ESA accommodation request template
Copy this, fill in the brackets and attach your letter.
Subject: Reasonable accommodation request: emotional support animal, [unit number]
Hello [landlord or property manager's name],
I'm writing to request a reasonable accommodation under the Fair Housing Act. I have a disability, and my emotional support animal, [animal's name], a [species, breed if a dog, approximate weight], helps with symptoms related to that disability.
I've attached a letter from my licensed mental health professional supporting this request.
I'm requesting an exception to the community's no-pet policy so [animal's name] can live with me at [address and unit], along with a waiver of pet rent, pet deposits and pet fees, and of any breed, size or weight limits, as a reasonable accommodation under the Fair Housing Act.
I'm happy to provide [animal's name]'s vaccination records and to follow the community's rules on care, cleanliness and control.
Could you please confirm in writing within 10 business days that this accommodation is approved? Thank you for your help.
Best regards,
[Your name]
[Phone] · [Email]
Two more templates: trained animals and animals already at home
Use the template above for most requests. These two versions handle situations the basic one doesn't cover well: an animal that is individually trained, and an animal that already lives with you.
Subject: Reasonable accommodation request: trained assistance animal, [unit number]
Hello [landlord or property manager's name],
I'm requesting a reasonable accommodation under the Fair Housing Act for my assistance animal, [animal's name], a [species and breed or approximate size]. [Animal's name] is individually trained to [describe the specific task, for example: alert me to the start of a panic episode and guide me to a safe space].
That task relates directly to my disability. My licensed mental health professional's letter is attached and describes the need.
I'm requesting an exception to the community's no-pet policy so [animal's name] can live with me at [address and unit], along with a waiver of pet rent, pet deposits, pet fees and any breed, size or weight limits.
I'm happy to provide vaccination records and to follow the community's rules on care, cleanliness and control. Please confirm your decision in writing within 10 business days.
Best regards,
[Your name]
[Phone] · [Email]
The second version is for an animal already living with you. It is still a request, and it asks the landlord to decide in writing before any new charges are added.
Subject: Reasonable accommodation request for an assistance animal already in my home, [unit number]
Hello [landlord or property manager's name],
[Animal's name], a [species and approximate weight], has lived with me at [address] since [month and year]. I'm now requesting a reasonable accommodation under the Fair Housing Act to keep [animal's name] as my assistance animal. My letter from my licensed mental health professional is attached.
Please confirm in writing whether you will waive pet rent, pet deposits and pet fees going forward, and any breed, size or weight limits. Please also tell me in writing whether any charges already added to my account will be reviewed.
Please reply within 10 business days.
Best regards,
[Your name]
[Phone] · [Email]
What HUD's 2026 change means for your request
HUD withdrew its 2013 and 2020 assistance animal guidance in 2025. On May 22, 2026, it issued new enforcement guidance for Fair Housing Act complaints. The Disability Rights Education & Defense Fund summarizes the change this way: HUD now applies the ADA's standard, under which the animal must be individually trained to perform disability-related tasks. Comfort or companionship alone doesn't count. HUD also removed the presumption that landlords must accommodate untrained emotional support animals, and it will accept animals other than dogs when they are trained.
That changes how to frame your request:
- If your animal is individually trained, name the task and say how it relates to your disability. A trained animal is the request HUD's guidance treats most favorably.
- If your animal is an untrained emotional support animal, you can still make the request in writing. Federal law no longer presumes it must be granted, so the answer can depend on your state's law and on your landlord. Keep the request factual, and don't claim more than the rules say.
- Keep the Fair Housing Act in view. The Act and 24 CFR 100.204 still cover reasonable accommodations for persons with disabilities. HUD's change affects how it enforces animal requests. It doesn't remove your right to ask.
The DREDF summary says Section 504, the ADA and state laws are unaffected by HUD's guidance. It also says HUD plans future rulemaking, with no timeline, so check this page again before you rely on any detail.
What a landlord can and can't ask
- Reliable documentation of a disability-related need, when the disability isn't obvious
- Basic information about the animal, such as species and size
- That the animal be vaccinated and licensed under local law
- That you follow ordinary rules on noise, waste and damage
- Your diagnosis, medical records or therapy notes
- Pet rent, pet deposits or pet fees
- That the animal meet breed, size or weight limits
- That you use their form only, or "register" the animal
A landlord may offer their own form, which is fine to use, but they can't refuse a request just because you made it a different way. They can also confirm your clinician's license on the state licensing board's website using the license number on your letter.
Can a landlord charge pet rent or a pet deposit?
This is the question most renters ask, and the answer has two parts. The 2004 HUD and Department of Justice Joint Statement on Reasonable Accommodations says, in Answer 11, that housing providers "may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation."
The DREDF summary also describes Henderson v. Five Properties LLC, a 2025 decision that found refusing to waive a pet fee isn't automatically a Fair Housing Act violation. The summary says HUD signals it agrees with that outcome. So whether a particular fee is allowed depends on the facts, on your state's law, and on whether the fee creates a real barrier to housing. The summary calls the law on this point unsettled, which is why your request should ask for a written decision on each charge.
For the detailed tests and examples, read our pet rent and pet deposits guide. For breed and size rules, see breed and weight limits.
What a landlord can ask for when a disability isn't obvious
A landlord usually may not ask about the nature or severity of your disability. When the disability isn't obvious, though, they may ask for reliable disability-related information that does three things, according to Answer 18 of the Joint Statement. It verifies that you meet the Fair Housing Act's definition of disability, it describes the accommodation you need, and it shows the relationship between your disability and that need.
Verification can often come from you. The Joint Statement gives the example of proof that a person under 65 receives Supplemental Security Income or Social Security Disability Insurance. An ESA letter from a licensed mental health professional can cover the other two points, because it describes the need and how it relates to your condition, without naming a diagnosis.
If a landlord asks for therapy notes, a full medical history or a diagnosis, answer in writing. Say that you will provide the information described above, attach your letter, and keep a copy of everything you send.
If the landlord stalls, says no or asks for more
- They ask for more information: answer in writing and keep it limited to what they can ask for. Don't send medical records.
- They don't respond: follow up in writing after your deadline. A long, unexplained delay can itself be treated as a denial.
- They say no: ask for the reason in writing. Then read our guide on what to do after an ESA letter is rejected. You can file a fair housing complaint with HUD, generally within one year of the denial, under the deadline in 42 U.S.C. § 3610.
What to expect after you send the request
Most landlords answer within a week or two, especially when the request is complete. This simple timeline keeps the process on track:
- Day 0: send the written request with your letter attached, and save a dated copy.
- After 10 business days: if there's no reply, send a short follow-up that restates your request and asks for a decision by a new date.
- When you get an answer: read it carefully. If it is an approval with conditions, ask for those conditions in writing. If it asks for more information, reply only with what the Joint Statement allows.
- After approval: ask that the accommodation be written into your lease or an addendum. Our lease addendum guide explains which clauses are fair and which to question.
Keep everything: the request, the reply, notes from any phone or in-person conversations, and any charges that appear on your account. If a dispute goes further, these records do most of the work.
Mistakes to avoid
- Moving the animal in before asking.
- Sending a registry certificate or ID card instead of a letter.
- Over-explaining your mental health. The letter does that work for you.
- Making the request verbally and not following up in writing.
- Using a letter that's years old or signed by a clinician licensed in another state.
Frequently asked questions
Should I tell my landlord about my ESA before signing the lease?
It's usually best. Requesting the accommodation with your application or before signing means the lease can be written without pet rent or pet restrictions from day one.
Do I have to use my landlord's ESA form?
You can use it, but a landlord can't refuse a reasonable accommodation request just because it wasn't made on their form. A written request with your ESA letter attached is enough.
How long does a landlord have to respond to an ESA request?
Fair housing guidance expects a prompt response, but there's no single federal deadline. Asking for a written reply within 10 business days is reasonable, and an unexplained delay can be treated as a denial.
Can my landlord ask what my disability is?
No. A landlord can ask for reliable documentation of a disability-related need when the disability isn't obvious, but not for your diagnosis or medical records.
What if I already live with my animal and never asked?
Ask now, in writing, with your ESA letter attached. Explain that you're requesting a reasonable accommodation. Fees charged before your request may not be refunded, but pet charges should stop once it's approved.
Can my landlord charge pet rent once my ESA is approved?
Under the 2004 HUD and DOJ Joint Statement, a housing provider may not require extra fees or deposits as a condition of granting a reasonable accommodation. Whether a particular pet rent charge is allowed can still depend on the facts and your state's law, so ask for a written decision on each charge.
How long do I have to file a fair housing complaint?
Under 42 U.S.C. § 3610, a complaint is generally due not later than one year after the alleged discriminatory housing practice occurred or ended. Keep the denial in writing so you can show the date.
Sources
- Fair Housing Act, 42 U.S.C. § 3604 (Legal Information Institute, Cornell Law School)
- 24 CFR § 100.204, Reasonable accommodations (Electronic Code of Federal Regulations)
- HUD and U.S. Department of Justice, Joint Statement on Reasonable Accommodations Under the Fair Housing Act, May 17, 2004
- HUD, Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, Federal Register, April 6, 2026
- Disability Rights Education & Defense Fund, summary of HUD's May 22, 2026 enforcement guidance on animal accommodations
- 42 U.S.C. § 3610, Fair Housing Act complaints (Legal Information Institute, Cornell Law School)
Laws and agency positions change. We last checked this page against these sources on October 29, 2026. It is general information, not legal advice.
Find out whether you qualify for an ESA letter
Answer a few questions and a mental health professional licensed in your state reviews your assessment. If you're approved, your Fair Housing Act letter arrives as a PDF, typically within 24 to 48 hours of your evaluation.* $99 one-time, $25 per additional animal, $79 to renew each year. Full refund if you're not approved.
*Arkansas, California, Iowa, Louisiana and Montana require a 30-day client–provider relationship before a letter can be issued, so the letter issues after day 30.