Animal Welfare Professionals

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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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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Under the FHA, landlords can request documentation showing that a tenant has a disability-related need for an ESA, but they cannot demand to see the actual diagnosis or medical history. I went through Wellness Wag to get my letter, and what they issue is exactly what landlords are allowed to see: verification from a licensed clinician that you meet the criteria, nothing more. It strikes the balance between protecting privacy and providing legal compliance.

You're right to raise this-landlords usually can't ask for a tenant's specific diagnosis, since that's private medical info. What they can request is documentation from a licensed provider showing the need for an ESA. It reminds me a bit of how we navigate personal choices in other areas, like trying or even a non-surgical nose job-the focus should be on privacy and informed consent.

Do you think landlords ask for diagnoses more out of misunderstanding the law, or as a way to make tenants back down?

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steve jon
health advisor
chauffer services
FL
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