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JonathanB3 (New Jersey)
Posts: 1
Posted:
Living in a community with an HOA can sometimes feel stressful, especially when you have a pet and need to understand the rules around housing.

I was already dealing with anxiety, and the pressure of finding a place where my needs were understood added more stress. My pet was a big source of comfort and helped me maintain a better routine during difficult times.

When questions came up about housing policies, I started learning more about ESA letters and tenant rights. I went through an evaluation with My ESA Therapist to understand whether my situation qualified for an ESA letter and what the proper process looked like.

The biggest thing I learned was that communication matters. Tenants, landlords, and HOAs all benefit when requests are handled properly and supported with the right documentation.

Has anyone else had experience navigating ESA requests with an HOA or landlord? How did you handle the conversation?
SheliaH (Indiana)
Posts: 6,973
Posted:
There are lots of older conversations on this websites about this issue, so you may want to read a few - bring any questions to THIS conversation so you'll get more updated information. I will say that if you're renting your home, your landlord is ultimately responsible for the conduct of his/her tenants, so you may want to start by talking to him or her about the HOA rules. A good landlord would have discussed the pet issue with you already so you knew what you were walking into before you signed the lease.

I don't remember when, but I think I posted some information a few months ago on new HUD rules regarding emotional support animals. As you know, they're not the same as a service animal, which has been specifically trained to assist someone with a medical condition (e.g. dogs that can detect hypoglycemia in diabetics or seizures in people with epilepsy.) Unfortunately, lots of people have taken advantage of emotional support animals and try to argue that any critter should be considered as such.

You may want to take a look at HUD's website and google information on the Americans with Disabilities Act (ADA) to get the latest information - the following came from a Google search:

Under sweeping new enforcement guidance issued on May 22, 2026, the U.S. Department of Housing and Urban Development (HUD) rescinded its prior protections for untrained emotional support animals (ESAs) under the Fair Housing Act. Key details of the policy shift include:

* HUD adopted the Americans with Disabilities Act (ADA) definition. To qualify as a reasonable accommodation, an animal must be individually trained to perform a specific task or work directly related to the person's disability.

* No Presumption: Providing mere emotional support, comfort, or companionship no longer qualifies an untrained animal for automatic housing protection or pet fee waivers.

Federal Enforcement Paused: HUD will no longer investigate complaints from individuals whose animals are not individually trained. Although HUD will not pursue fair housing complaints for untrained ESAs, the federal Fair Housing Act itself has not been formally amended by Congress. Tenants still retain a private right to sue landlords, and state or local laws may continue to provide stronger protections for ESAs.

Under the new HUD enforcement guidance, Homeowners Associations (HOAs) are no longer federally required to waive breed, size, weight, or species restrictions for untrained emotional support animals (ESAs) as a standard practice. Because HUD will no longer investigate FHA complaints involving untrained animals, many HOAs are actively auditing existing approvals and rejecting new online "ESA mill" letters.




If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,973
Posted:
Here's a little more on the HOA stuff:

The impact on your situation depends on whether you have an existing approval for an ESA or are seeking a new one. HOA boards and their legal counsel are using this federal shift as a green light to strictly enforce community pet limits and restrict unapproved animals. A good HOA board will continue to look at this on a case by case basis, but cannot issue an outright blanket ban on all accommodations. The federal regs don't presume that an untrained ESA must be accepted.

Congress did not rewrite the Fair Housing Act. If an HOA resident chooses to file a private lawsuit in federal court—bypassing HUD entirely—a judge may still rule that an untrained ESA is a necessary accommodation under the statutory language. State statutes or local fair housing ordinances may also provide broader protections than federal enforcement rules. For instance, some states have specific licensing rules for telehealth providers that impact whether an ESA letter is legally valid within that state.

One person's opinion

Most of the people who post here (including me) aren't attorneys and what's true in my state may not be addressed at all or in the same way as in yours. Hopefully all this information is a good start for you, but to make sure you have accurate information, get your own attorney, if necessary, to discuss your situation.

Make sure your dog is trained whether you need it for emotional support or not (if more people did that from the beginning, we might not have some of the problems that developed). This also means making sure it has its shots and that you get whatever supplies you need to clean up after it.

The online ESA mill letters are likely to be rejected - as I think they should be, so go to your doctor and get your own letter (yes, you have to pay for it). You don't have to provide details of your condition because of HIPAA, but I recall in the last post I did on this subject that the letter should come from your doctor on his/her letterhead and you need to anticipate that the HOA may contact the doctor to verify that he/she did, in fact, write the letter. Go to a disability rights organization that could help with guidelines for your doctor in drafting the letter. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,354
Posted:
I was already dealing with anxiety, and the pressure of finding a place where my needs were understood
You have rights under disability law. But so do owners who bought a condo unit in XYZ association in the belief that no pets are allowed. Just like you, these owners want their needs to be understood.
BryonW (Massachusetts)
Posts: 61
Posted:
Hi JonathanB3, I can't help but notice that "My ESA Therapist" is capitalized in your post, and, there exists a website by that exact name. I hope you aren't here trying to promote a company!

Landlords and property managers are really annoyed by these services that sell ESA letters remotely to people who they have never met or examined, and who may not have any disability that really qualifies for an ESA.


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