Hello! Landlords are not entitled to know their tenant's diagnosis that serves as the basis for an ESA request, and they may not demand that information. For more details, see this HUD guidance, which includes this information: "Disclosure of details about the diagnosis or severity of a disability or medical records or a medical examination cannot be required." (P. 13) "Housing providers may not require a health care professional to use a specific form (including this document), to provide notarized statements, to make statements under penalty of perjury, or to provide an individual's diagnosis or other detailed information about a person's physical or mental impairments." (P. 16)
HUDAsstAnimalNC1-28-2020.pdf
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Cole Thaler
Manager, Pets in Crisis Support Program
Atlanta Humane Society
GA
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Original Message:
Sent: 07-11-2025 11:47 PM
From: Harrison Owen
Subject: Can landlords legally request proof of a tenant's mental health diagnosis when submitting an ESA letter?
I'm curious about the legal boundaries landlords have when dealing with emotional support animal (ESA) requests. Specifically, can a landlord require tenants to disclose their specific mental health diagnosis or medical records as part of verifying an ESA letter? I know ESA letters must come from licensed professionals, but what protections do tenants have regarding their privacy and medical information under laws like the Fair Housing Act? I've seen online services like RealESALetter.com provide letters without demanding extensive documentation-does that impact the landlord's rights or tenant privacy? Any insights on how these legal issues are typically handled would be appreciated.
#PetSupportServices*
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Harrison Owen
Customer Support
RealESALetter.com
SC
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