Pets—we love them, we cherish them, and we make sure to take proper care of them. They are part of the family, and we strive to make them feel included in all our activities and outings. However, it can be quite challenging to explain to a housing provider who runs a ‘no pets’ policy how much your pet means to you, especially if they play an essential role in your life as a companion animal.
Emotional support animals are a type of companion animal whose role as loyal assistants has been well established over the years. They provide comfort and help their owners cope with the symptoms of various mental health issues, making them a great source of calmness and joy.

If you’re renting an apartment, whether your furry companion can live with you isn’t always straightforward. Housing rules for ESAs can vary depending on the country and local laws, and understanding your rights is essential for a smooth experience with landlords and property managers.

What Is an Emotional Support Animal?

Let’s first clarify what exactly an ‘emotional support animal’, also known simply as an ‘ESA’, means. ESAs provide comfort and companionship to their owners by being present only. 

Unlike assistance/service dogs, which can be dogs only, ESAs can be any type of domesticated species, including but not limited to cats, dogs, guinea pigs, and rabbits.

These animals don’t undergo specialized training and are not required to perform specific tasks related to their owner’s health condition. They still need to be well-mannered and responsive, but specific task-based training is not required.

Because they are not trained to perform specific tasks, they receive different protections depending on the country, particularly when it comes to housing.

ESA Regulations in the United States

ESAs in the US are not automatically granted public access,c and their acceptance is at the discretion of the business owners. The Americans with Disabilities Act (ADA), a federal law protecting the rights of individuals with disabilities, including service dog teams, doesn’t cover companion animals.

However, in the US, ESAs are recognized under another federal law, namely the Fair Housing Act (FHA), which requires landlords to make reasonable accommodations for tenants who rely on ESAs. This applies even when buildings have “no pets” policies. This protection extends to most private housing, as well as federally funded housing.

According to the FHA: “...an assistance animal (also called an “emotional support animal,” “ESA,” “support animal,” or “therapy animal”) is an animal that works, provides assistance, or performs tasks for a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. This is broader than “service animals” permitted in places of public accommodation under the Americans with Disabilities Act (ADA).

While landlords may have restrictions on pets in their properties – including prohibiting them completely – those rules may have to be modified if a person needs an assistance animal to accommodate their disability”.

It’s important to clarify that the meaning of an ‘assistance animal’ under the FHA differs from the meaning of the same term in Europe. Under “assistance animals/dogs” in Europe, we typically understand dogs that are trained to perform specific tasks related to a disability. In other words, the term ‘assistance dogs’ in Europe is the equivalent of ‘service dogs’ in North America.

How Does It Work in Practice?

If you’re based in the US and are looking for housing for your ESA, you’ll typically need a letter from a licensed health professional confirming your need for emotional support.

Landlords can request this documentation, especially if your disability or need for a companion animal isn’t obvious. Once verified, they need to allow your ESA without charging pet deposits or additional fees.

However, landlords can deny requests in certain circumstances:    

• If the ESA poses a direct threat to health or safety.
• If the animal would cause substantial property damage.
• If accommodating the ESA would create an undue burden or fundamental alteration of the housing operation.

That being said, tenants need to ensure their ESA is on their best behavior, under control, and doesn’t cause excessive noise or damage to the unit. Moreover, ESA handlers need to walk and clean up after the animal.

How Does It Work with Unique Animals?

According to the FHA, if the requested animal is of a type that people typically keep in their household, such as a dog, cat, rabbit, turtle, small bird, etc., the individual with a disability has to provide supporting documentation to prove their need for the unique animal.

ESA Regulations in the United Kingdom

Both companion and assistance/service dog regulations vary locally, which makes it crucial for handlers to check these in advance.

In the UK, Emotional Support Animals do not have the same housing rights as ESAs in the US. Only assistance dogs enjoy protection under the Equality Act 2010. Assistance dogs are allowed in housing, services, and public spaces as part of reasonable adjustments for people with disabilities.

For ESAs, however, landlords are not required to provide accommodation. Permission is at the discretion of the landlord or housing provider, which means that keeping an animal in an apartment often depends on negotiation and the landlord’s goodwill.

However, even when ESAs are not specifically entitled to housing rights, tenants in the UK can refer to the Tenant Fees Act 2019: Guidance for landlords and agents.

Let’s see what the act says:

“CHANGES TO A TENANCY

Q. What do you mean by a change to a tenancy?

A change to a tenancy is any reasonable request to alter a tenancy agreement. This

could be making changes to the tenancy agreement to enable:

• pets to be kept in the property

• a change of sharer in a joint tenancy

• permission to sub-let

• a business to be run from the property

• or any other amendment which alters the obligations of the agreement

Where possible, you should make every effort to accommodate any reasonable

changes requested by the tenant. “

Furthermore, we should take a look at the new Model Tenancy Agreement announced by the UK government on 28 January 2021.

Under the new agreement, landlords are prohibited from issuing blanket bans on pets by default. It aims to help renters keep well-behaved pets. We’ll quote below a portion of the text:

“A Tenant must seek the prior written consent of the Landlord should they wish to keep pets or other animals at the Property. A Landlord must not unreasonably withhold or delay a written request from a Tenant without considering the request on its own merits. The Landlord should accept such a request where they are satisfied the Tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept.

Consent is deemed to be granted unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request. A Landlord is prohibited from charging a fee to a Tenant who wishes to keep pets or other animals at the Property. Permission may be given on the condition that the Tenant pays an additional reasonable amount towards the deposit, but the deposit must not breach the deposit cap requirements under the Tenant Fees Act 2019 (see section B10)”.

Tips for UK Tenants

Even though ESAs aren’t legally recognized, there are still ways to improve your chances.
The most effective approach is to present your request as a reasonable adjustment for a diagnosed mental health condition and to support it with a letter from a licensed healthcare provider explaining how the animal assists with your overall well-being.

It also helps to demonstrate that your ESA is well-behaved, house-trained, and in good health, since landlords are more likely to agree if you reassure them about the animal’s suitability. In practice, this strategy tends to be more successful with smaller landlords or cooperative housing providers who are open to discussion.

Larger corporate landlords may still decline, but a clear, professional request, backed by medical documentation and evidence of responsible ownership, can sometimes make the difference.

Last but not least, if you have a dog or cat, consider enrolling them in an obedience class and obtaining a certificate. This can help demonstrate that your pet is well-mannered and less likely to cause damage to the property.

ESA Regulations Across Europe

There is no EU-wide legislation that grants housing or public-access rights to ESAs. Assistance dogs are recognized under disability protections, but ESAs are generally considered pets and do not receive the same legal safeguards.

Tenants can request accommodations under general disability protections, but approvals are handled on a case-by-case basis, and often depend on local laws and individual landlords’ policies. In many countries, landlords have the final decision on whether pets are allowed, and ESAs are generally treated like ordinary pets rather than animals with special legal protections.

Some nations, like the UK, provide guidance encouraging reasonable adjustments, while others may have no formal process at all. As a result, ESA owners traveling or relocating within Europe must research the specific regulations of each country and may need to rely on documentation from healthcare providers to support their requests.

Additionally, even when permission is granted, landlords may impose conditions such as additional deposits or restrictions on the type and size of the animal.

General Tips for Tenants With ESAs

Whether you’re in the US, UK, or Europe, a few strategies can make the process smoother:

Provide Medical Documentation

A letter from a licensed mental health professional explaining your need for an ESA can be especially helpful when negotiating accommodations with a landlord.

Be Proactive and Clear

It can be helpful to submit your request in writing, clearly explaining the disability-related benefits of your ESA and why alternative solutions would not be sufficient.

Show Responsibility

Ensure your ESA is house-trained, vaccinated, and well-behaved. Landlords are more likely to approve requests when they see that tenants are responsible.

Understand Local Laws

Understanding your rights can make it easier to negotiate with landlords and prevent conflicts. In the US, the FHA gives you more solid protections, while in the UK and Europe, it usually comes down to the landlord’s discretion.

Potential Challenges

Even with the right documentation, you may still run into obstacles.

Some landlords limit the number of pets allowed, though in the US, additional animals may be allowed if each is medically necessary.

Breed or size restrictions can also cause issues, especially with larger dogs, but providing documentation that shows the animal is essential can sometimes help, though rules vary from country to country.

Other potential challenges may include property-specific rules, such as restrictions on pets in certain types of buildings, shared spaces, or housing associations, which may complicate approval. 

Noise or behavioral concerns may also arise; landlords may worry about disturbances, so demonstrating that your ESA is well-trained and calm can help address these concerns.

If a landlord refuses your request or disputes it, there are options for support: in the US, the Department of Housing and Urban Development (HUD), can offer guidance, while in the UK and Europe, local disability advocacy groups may assist. In more serious cases, such as threatened eviction or discrimination, seeking legal advice is recommended.