Sometimes, yes, and more often than before 2026. HUD now says requests to waive pet policies for untrained ESAs are not presumptively reasonable, and it pursues federal cases only for trained animals. A landlord can still be liable under the Fair Housing Act in a private lawsuit, and many states protect ESAs in their own laws, so whether a denial is lawful depends heavily on where you live.
The answer after HUD's 2026 memo
Before 2025, HUD guidance treated a documented ESA request much like a service dog request. That guidance, FHEO-2020-01, was withdrawn effective September 17, 2025. HUD's May 22, 2026 memo says: "FHEO no longer expects housing providers to categorically extend accommodations for trained assistance animals to untrained ESAs." A landlord who denies an untrained ESA is now unlikely to face a HUD charge.
That is not the same as saying every denial is legal. The statute did not change, you can still sue, and state law may require the accommodation. Colorado's 2026 law presumes that allowing an assistance animal, including an ESA, is reasonable. The full background is in ESA letters for housing.
Grounds a landlord can rely on
- Direct threat or substantial damage. The Fair Housing Act does not require housing for someone "whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others" (42 U.S.C. 3604(f)(9)). Colorado's law adds that "the mere presence" of an assistance animal is not a direct threat.
- No disability or no disability-related need shown. When neither is obvious, a landlord may ask for reliable information. If you do not provide it, the request can fail.
- Documentation that does not meet state rules. For example, a letter without the license details Montana requires, or from a provider who has not treated you for the 30 days California, Iowa, Montana, Louisiana or Arkansas require.
- Misrepresentation. Minnesota lets a landlord deny the application or request if a tenant knowingly misrepresents a disability or provides fraudulent documentation. North Dakota allows eviction and a damage fee of up to $1,000.
- Reasonableness. Courts have long said that in ESA cases "a housing provider may contest whether the accommodation is reasonable" (Revock v. Cowpet Bay West Condo. Ass'n, 3d Cir. 2017, cited in HUD's memo).
Can a landlord refuse an ESA letter?
A landlord can question a letter that does not meet your state's rules or that came from a source the state excludes. Kentucky lets a landlord "independently verify the authenticity of any supporting documentation". Tennessee excludes letters from websites whose primary function is selling documents. Florida and Montana say an online registration, ID card or certificate is not enough by itself. What a landlord generally may not do is demand your medical records or diagnosis (Montana and Minnesota say so expressly), and in Florida a landlord may not insist on a specific form or a notarized statement. See are online ESA letters legit?
Does an emotional support animal override breed or size restrictions?
There is no simple yes. We found no current federal document that sets a rule on breed or size limits for assistance animals, and the withdrawn HUD guidance cannot be relied on. The statute's exceptions are a direct threat or substantial physical damage, and a landlord who relies on a blanket breed rule rather than the animal in front of them takes a risk in states that protect ESAs. After HUD's 2026 memo, though, a landlord refusing to waive a size or breed limit for an untrained ESA is unlikely to face federal enforcement. Check your state's law.
How many emotional support animals can you have in an apartment?
No federal rule sets a number for housing. Each animal is its own accommodation request, and each has to be linked to a disability-related need. Montana's 2025 amendment (SB 149) added rules for requests involving more than one animal. HUD's 2026 memo attached a finding of no reasonable cause on "a complaint involving three emotional support animals supported by an online form letter", which shows how a multi-animal request built on thin documentation is likely to fare federally now.
Can a landlord charge an ESA fee or pet rent?
In California, Virginia, Kentucky, Florida, Wisconsin and Minnesota, state law bars pet fees, deposits or extra rent for assistance animals. Elsewhere, the 2004 HUD and DOJ Joint Statement's no-fee position is persuasive only, and a 2025 federal court (Henderson v. Five Properties) found it "unpersuasive" for an ESA. A landlord may charge for actual damage your animal causes in every source we found. California excludes ordinary wear and tear.
For landlords: what you may verify
- When the disability or need is not obvious, reliable information showing the disability, the accommodation and the link between them (2004 Joint Statement).
- License details for the provider, where state law requires them (Montana, Louisiana, California).
- State and local licensing and vaccination, which Montana lets landlords ask about and which apply to all dogs.
- Our reading, not a rule: under HUD's enforcement lens, whether the animal is trained, and what it is trained to do.
What you should not do: demand medical records or a diagnosis, insist on your own form in Florida, or rely on a registry, certificate or ID card either way. Registration means nothing legally, including ours.
State law differences
- Colorado: ESA protection restored by HB26-1045, effective August 12, 2026. Colorado rules.
- California: letter rules in Health and Safety Code 122318 and no pet fees under 2 CCR 12185.
- Nevada: NRS 118.105 bars refusing to rent to a person with a disability solely because an animal that "assists, supports or provides service" will live there. Nevada rules.
- Florida, Montana, Louisiana, Kentucky, Minnesota, Iowa, Tennessee: detailed documentation rules; see ESA letters.
Common questions
Can emotional support animals be denied in apartments?
Yes, in some cases, and HUD will not pursue denials of untrained ESAs. State law and private lawsuits may still protect you.
Can ESA dogs be denied housing because of breed?
No federal rule settles it. The legal exceptions are a direct threat or substantial damage, and state law matters most for ESAs now.
How many emotional support animals can I have?
No federal number exists. Each animal needs its own disability-related justification, and Montana added multi-animal rules in 2025.
Can a landlord charge a fee for my ESA?
Not in California, Virginia, Kentucky, Florida, Wisconsin or Minnesota. Elsewhere it is unsettled. Damage can always be charged.
Is my trained psychiatric service dog treated like an ESA?
No. HUD still treats requests for trained animals as presumptively reasonable. See service dogs in apartments.
Sources
- HUD FHEO enforcement guidance on animal accommodations, 2026-05-22
- 42 U.S.C. 3604, Fair Housing Act
- HUD/DOJ Joint Statement on Reasonable Accommodations (2004)
- Colorado HB26-1045
- Minnesota Statutes 504B.113
- Montana Code 70-24-114
- Nevada NRS 118.105
General information, not legal advice. Policies and laws change; follow the sources. Last checked September 25, 2026.