Can Ohio Landlords Legally Deny Your ESA Letter? Know Your Rights
Living with an emotional or mental health condition can be challenging. For many Ohio residents, an Emotional Support Animal (ESA) provides therapeutic benefits that improve their quality of life. But what happens when your landlord says “no pets allowed”? Can they legally deny your ESA letter in Ohio?
What Is an ESA Letter and Who Can Issue One in Ohio?
An ESA letter is a prescription from a licensed mental health professional (LMHP) stating that you have a qualifying emotional or psychological condition and benefit from the presence of an emotional support animal. In Ohio, the letter must be issued by a licensed therapist, psychologist, psychiatrist, or social worker who is familiar with your mental health history.
Federal Protection Under the Fair Housing Act (FHA)
The Fair Housing Act (FHA) is a federal law that protects individuals with disabilities from discrimination in housing. This includes the right to keep an ESA, even in properties with “no pets” policies. Under the FHA:
- Landlords must provide reasonable accommodations for individuals with ESA letters.
- They cannot charge pet fees, deposits, or monthly pet rent for ESAs.
- They cannot ask for details about your specific diagnosis.
When Can a Landlord in Ohio Legally Deny an ESA Letter?
While most landlords must comply, there are a few exceptions in Ohio where a landlord may legally deny an ESA:
- The housing unit is in a building with four or fewer units, and the landlord occupies one of them.
- The landlord owns fewer than three properties and does not use a real estate agent or broker.
- Your ESA poses a direct threat to the health or safety of others, or would cause significant property damage.
- The letter is not from a properly licensed mental health professional or appears to be fraudulent.
What to Do If Your ESA Letter Is Denied in Ohio
If your Ohio landlord denies your valid ESA letter, you have options:
- Politely remind them of your rights under the FHA.
- Provide additional documentation or request they contact your licensed provider directly (with your consent).
- File a complaint with the U.S. Department of Housing and Urban Development (HUD) or the Ohio Civil Rights Commission.
- Consult a housing attorney or legal aid organization in Ohio for guidance.
Tips for Tenants: Protect Your ESA Rights in Ohio
- Make sure your ESA letter is current and legitimate—avoid registration-only scams.
- Communicate respectfully and clearly with your landlord.
- Document all communication in writing (email is best).
Conclusion
In most cases, Ohio landlords cannot legally deny a valid ESA letter. The law is on your side, but it’s important to understand your rights and responsibilities. If you need a legitimate ESA letter in Ohio, be sure to work with a licensed mental health provider familiar with FHA guidelines.
Need help getting started? Our team at CertifyESA connects Ohio residents with licensed professionals who can evaluate your eligibility for an ESA letter—quickly and confidentially.