Landlord refusing to allow my ESA despite having valid therapist documentation - what are my options in California?

I have been dealing with anxiety and depression for several years and my licensed therapist wrote me a letter recommending an emotional support animal. The letter is on her official letterhead, states her license number, confirms I have a disability-related need, and recommends the ESA as part of my treatment.

My landlord is refusing to allow my dog, saying the building has a "strict no-pets policy" and that "ESA letters are just a way to get around the rules." He threatened to evict me if I bring a dog into the apartment.

I've been a perfect tenant for 2 years - always pay rent on time, no complaints. The building has about 20 units.

What are my rights here? Can he actually evict me?

Housing attorney here. Your landlord is wrong and potentially violating both federal and California fair housing laws.

The Fair Housing Act (FHA) requires landlords to make "reasonable accommodations" for people with disabilities, which includes allowing emotional support animals regardless of no-pet policies. ESAs are not pets under the law - they are assistance animals.

In California, you have additional protections under the Fair Employment and Housing Act (FEHA), which is actually broader than federal law in some respects.

Key points:

• A 20-unit building is definitely covered (FHA exemptions only apply to owner-occupied buildings with 4 or fewer units)
• Your landlord cannot charge pet deposits or pet rent for an ESA
• A letter from your treating therapist is exactly what's required - you don't need any special "registration"
• Threatening eviction for requesting a reasonable accommodation could itself be retaliation, which is illegal

I'd recommend putting your request in writing, citing the FHA and FEHA, and keeping copies of everything.

Thank you! That's really helpful. My landlord also said that even if he has to allow the dog, he can charge me a $500 "pet deposit" and $50/month extra rent. Is that true?

Absolutely not. That would be illegal.

Under both the FHA and FEHA, landlords cannot charge pet deposits, pet fees, or pet rent for assistance animals including ESAs. The animal is a reasonable accommodation for a disability, not a pet.

However, you can still be held responsible for any actual damage the animal causes, just like any other tenant damage. But they cannot require an upfront deposit specifically for the ESA.

I'm a landlord and I'll give you the other side of this. Unfortunately there are a LOT of fake ESA letters out there from online mills where people pay $50 and get a letter from a "therapist" they've never met. This has made many landlords skeptical of all ESA requests.

That said, if you have a legitimate letter from a treating therapist with an established patient relationship, you're protected under the law. Your landlord needs to comply.

One thing I'd suggest: make sure your letter clearly states that the therapist has an ongoing treatment relationship with you, not just a one-time evaluation. Some landlords have successfully challenged letters from therapists who only did a single video call.

My therapist has been treating me for 3 years. The letter specifically mentions our ongoing therapeutic relationship. Should I provide additional documentation to prove that?

No, don't offer more than what's required. Your landlord is only entitled to:

1. Confirmation that you have a disability (your therapist's letter confirms this)
2. Confirmation that you have a disability-related need for the animal

They are NOT entitled to know your specific diagnosis, see your medical records, or get detailed information about your treatment. Asking for that would itself be a violation.

The letter you described sounds like it meets the legal requirements. Don't give them ammunition to find problems.

If your landlord continues to refuse, you have several options:

• HUD Complaint: File with the Department of Housing and Urban Development. They investigate fair housing violations and can impose penalties.
• DFEH Complaint: California's Department of Fair Employment and Housing handles state-level complaints. They can sue on your behalf.
• Private Lawsuit: You can sue for damages, including emotional distress, and potentially attorney's fees.

Many landlords back down once they receive notice that an official complaint has been filed. The potential penalties for fair housing violations are significant - up to $16,000+ for a first offense.

I went through something similar last year in Oakland. My landlord refused my ESA cat, I filed a DFEH complaint, and within 3 weeks he suddenly "reconsidered" and approved it. The threat of an investigation was enough.

Document everything in writing. If your landlord makes verbal threats, follow up with an email like "Per our conversation on [date], you stated [X]. I want to confirm my understanding is correct." This creates a paper trail.

Update: I sent my landlord a written request via email and certified mail. I cited the Fair Housing Act and FEHA, attached my therapist's letter, and requested a response within 10 days.

He responded saying he's "consulting with his attorney" and that I should "reconsider" because fighting this will "make things difficult" for me going forward. That sounds like a threat?

That statement about "making things difficult" is concerning. Retaliation against a tenant for asserting fair housing rights is itself illegal under both federal and state law.

Save that email. If he takes any adverse action against you - refuses to renew your lease, tries to evict you, fails to make repairs, etc. - that could be evidence of retaliation.

Hopefully his attorney will explain the law to him. Most attorneys would strongly advise compliance here because the landlord's position is not defensible.

Just a reminder that this forum is for general discussion and information sharing. The advice here is helpful but for a situation involving potential retaliation threats, OP should seriously consider consulting with a fair housing attorney. Many offer free consultations and some take cases on contingency for fair housing violations.

Organizations like the Fair Housing Council of San Diego offer free assistance to tenants facing discrimination.

Good news update! After his attorney apparently talked some sense into him, my landlord sent me a letter approving the ESA. No pet deposit, no pet rent.

He did include a bunch of conditions like "animal must be on leash in common areas" and "tenant responsible for any damage" which I think are reasonable.

My dog moved in last weekend. Thanks everyone for the advice and encouragement. Standing up for my rights was scary but worth it.

Great outcome! Those conditions are standard and reasonable - they can require that you follow the same rules any tenant with a pet would follow regarding behavior and damage.

Keep all that documentation in a safe place. If you ever have issues with this landlord in the future or need to move, you'll have proof of how to properly request an ESA accommodation.

Found this thread while researching my own ESA situation. This is incredibly helpful. One question - does this apply if my landlord lives in the building? Mine is a 6-unit building and the owner lives in one of the units.

Good question. The FHA has an exemption for owner-occupied buildings with 4 or fewer units (the "Mrs. Murphy exemption"). Since your building has 6 units, you're still protected under federal law even though the owner lives there.

Also, California's FEHA has no such exemption, so even in smaller owner-occupied buildings, you'd still have state law protection in California.