Can a Landlord Limit the Number of Emotional Support Animals | Legal Insights for Property Owners & Tenants

ESA Rights Under the Fair Housing Act (FHA) & Federal Law

Under the Fair Housing Act, housing providers must make reasonable accommodations in rules and policies, so people with disabilities can use and enjoy their homes. This includes allowing assistance animals (which covers service animals and emotional support animals).

Importantly, assistance animals are not pets, so pet rules (like pet deposits and pet fees) don’t apply. Though tenants may be charged for damage to the property their animal causes under standard practices. The U.S. Department of Housing and Urban Development (HUD) makes this clear in its 2020 guidance.

ESAs are treated differently from service animals under the ADA. The ADA (public places) recognizes only dogs (and sometimes miniature horses) as service animals, while the FHA recognizes a broader category, including ESAs that provide therapeutic support.

So, an ESA might not have access to a café under the ADA, but it can be a reasonable accommodation in housing under the FHA.

HUD’s guidance also explains that documentation may be requested when a tenant has a disability or their disability-related need isn’t obvious. A reliable ESA letter typically comes from a licensed mental health professional or other medical professional with personal knowledge of the tenant.

The HUD cautions that generic internet “certificates” are not reliable, though legitimate telehealth care is recognized.

Under What Circumstances Can a Landlord Limit the Number of ESAs in Rental Properties

There’s no fixed federal cap on how many ESAs you can have. Requests sometimes involve more than one animal. But, each must be necessary for a disability-related need, and the accommodation must be reasonable.

A landlord can limit or deny a request only when:

• Direct Threat or Substantial Damage: If a specific animal poses a direct threat to health/safety or is likely to cause substantial physical damage that cannot be reduced with reasonable measures. (This is about the individual animal’s behavior, not breed or size).
• Undue Financial/Administrative Burden or Fundamental Alteration: If allowing the animals would create an unnecessary load or fundamentally alter operations, assessed case-by-case basis.
• Insufficient Documentation: When the disability/need is not obvious, and the tenant is not able to provide reliable, requested documentation (i.e., a legitimate ESA letter) from a qualified provider.
• Unique or Prohibited Species Without Justification: For a non-household type of animal, tenants bear a higher burden to show a specific therapeutic need and safety/legal compliance.

Controlling the Number of Emotional Support Animals: Problems & Solutions

Landlords and tenants share the same goal, i.e., safe, peaceful rental properties that respect people with disabilities. Here are practical ways to resolve common friction points, without violating emotional support animal laws.

Risks of Damage to Property & Furnishings

Issue: Multiple animals may increase wear or accidental damage.

Fix: While pet deposits and pet fees can’t be charged for assistance animals, landlords may recover actual costs for damage to the property consistent with how they treat other tenants. Proactively adopt a written damage policy, schedule joint move-in/move-out inspections, and agree on reasonable cleaning standards in advance.

Space Management Challenges with Multiple Animals

Issue: Small units + multiple ESAs can feel crowded, affecting habitability.

Fix: Use a case-by-case approach. If space constraints make the request unreasonable (e.g., severe overcrowding that materially interferes with operations), explore alternatives: designating safe areas, limiting where animal crates can be stored, or discussing whether all requested animals are necessary. Undue burden/fundamental alteration analysis applies here.

Different Types of ESA Requests from Tenants

Issue: Landlords see varied types of animal requests, from common pets to unique species.

Fix: HUD says animals “commonly kept in households” (dogs, cats, small birds, rabbits, hamsters, fish, turtles, etc.) are generally reasonable when there’s a disability-related need. Requests for unique animals require stronger evidence showing why that species is necessary and safe. Breed/weight bans applied to pets shouldn’t be used to refuse assistance animals; decisions must be individualized.

Fellow Tenants & Community Members' Concerns Regarding ESAs

Issue: Neighbors may complain about allergies, noise, or safety.

Fix: Use individualized assessments, not stereotypes. Consider mitigation (e.g., scheduling elevator use, adding soundproofing, or air purifiers) before denying. A request can be refused only if a specific animal presents a direct threat or would cause substantial property damage that can’t be reduced with reasonable steps.

Landlords' Lack of Clarity in Verifying ESA Legitimacy

Issue: Confusion about what proof is acceptable and fear of fake ESA letters.

Fix: Ask for reliable documentation when the need isn’t obvious, typically a letter from a licensed mental health professional or other medical professional with personal knowledge. Be cautious about instant online certificates. Telehealth providers can be legitimate if properly licensed and treating the patient (tenant).

Accommodating Emotional Support Animals Within Legal & Practical Boundaries

Best practice is an interactive, prompt, and respectful process. Document timelines, consider the housing layout, and evaluate whether any requested accommodation would create an undue burden.

Remember, assistance animals are allowed in both units and common areas, and animals are not pets under the FHA, so standard pet rules don’t apply. When concerns arise, try targeted solutions (training plans, leash rules, waste disposal plans) before considering denial.

Handling Multiple ESA Requests as a Landlord: Here’s What You Can & Cannot Ask

When tenants request more than one emotional support animal (ESA), it can raise legitimate questions for landlords about accommodation rights and responsibilities. 

Here we’ll outline what landlords are legally allowed to ask, and what they must avoid, when evaluating multiple ESA requests.

You can ask:

• For the tenant to make a reasonable accommodation request and provide valid documentation if the disability/need isn’t obvious.
• For confirmation from a treating licensed mental health professional/medical professional that the tenant has a disability and the animal(s) help with one or more major life activities.
• About the type of animal and, for unique species, additional information explaining why that species is necessary and safe.
• For assurances/steps to reduce a direct threat (e.g., training, vaccinations, containment) when the individual animal poses a specific risk.

You cannot ask:

• For the tenant’s medical diagnosis or full records, or to disclose the details of their condition.
• For pet fees/pet deposits for assistance animals, or to apply blanket breed/size bans used for pets. (Charge only for actual damages, if any.)

Summing Up,

So, can a landlord deny an ESA or limit numbers? Sometimes, but only after an individualized review shows a direct threat, likely substantial damage, lack of reliable documentation, or that granting the request would create an undue burden. 

There’s no automatic numerical cap, and many tenants legitimately need more than one ESA. When in doubt, follow HUD’s roadmap: talk early, verify appropriately, and tailor solutions. 

If you’re a tenant, make your case strong with clear documentation. Many even reference a sample ESA letter to understand what providers typically include, and choose animals that fit your living space (many look into the best emotional support dogs for apartment life).

For professional, legitimate support, try RealESALetter.com today to connect with licensed clinicians who understand housing rules and can help you navigate approvals the right way.