What Oregon Landlords Can and Cannot Ask You About Your ESA

For individuals with Emotional Support Animals (ESAs) in Oregon, navigating the rules and questions from landlords can feel complex. The good news is that both federal law (the Fair Housing Act, FHA) and Oregon’s fair housing provisions provide significant protections for those who need an ESA. However, it’s crucial to understand what landlords are, and are not, legally allowed to ask.

The core principle is that a housing provider cannot discriminate against someone with a disability, and an ESA is considered a “reasonable accommodation” to that disability. This means landlords must make exceptions to typical “no-pet” policies or pet-related fees for legitimate ESAs.

Here’s a breakdown of what Oregon landlords can and cannot ask you about your Emotional Support Animal:

What Oregon Landlords CAN Ask You About Your ESA

Landlords have a legitimate interest in ensuring that the requested accommodation is necessary and that the animal will not pose a threat or cause undue burden. Therefore, they are generally permitted to ask for certain information:

1. Can I see documentation from a licensed mental health professional (LMHP) verifying your disability-related need for an assistance animal?

   • This is the primary and most important request a landlord can make. They are entitled to see a valid ESA letter on the LMHP’s official letterhead, stating that you have a mental or emotional disability recognized by the DSM (Diagnostic and Statistical Manual of Mental Disorders) and that the animal is necessary to alleviate symptoms of that disability.

   • The letter must be from a professional licensed in Oregon who has an established therapeutic relationship with you.

2. Is this animal required because of a disability?

   • This is a foundational question to establish the disability-related need. However, they cannot ask you to describe the nature or extent of your disability. The ESA letter should address this.

3. Does this animal provide work, perform tasks, or provide therapeutic emotional support that alleviates symptoms of your disability?

   • This question aims to connect the animal’s presence directly to your disability, fulfilling the “disability-related need” requirement of the FHA. For an ESA, the answer will be related to the emotional support it provides.

4. Is the animal a “common household animal”?

   • HUD guidance distinguishes between common household pets (like dogs, cats, small birds, rabbits, hamsters, fish, turtles) and “unique” animals (like reptiles other than turtles, barnyard animals, monkeys, kangaroos, etc.). While it’s possible to argue for a unique animal as an ESA, the burden of proof that it’s truly necessary and won’t pose an undue burden on the housing provider is much higher. For standard ESAs like dogs and cats, this question is usually just a formality.

5. Can you provide contact information for the LMHP who issued the letter for verification?

   • Landlords are allowed to verify the legitimacy of the ESA letter, including confirming that the professional is licensed and that they did indeed issue the letter. However, they cannot ask the professional for details about your disability or treatment.

What Oregon Landlords CANNOT Ask You About Your ESA

Landlords are prohibited from asking intrusive or discriminatory questions that violate your privacy or attempt to circumvent fair housing laws:

1. They cannot ask about the specific nature or extent of your disability.

   • For example, they cannot ask, “What is your diagnosis?” or “How severe is your depression?” The ESA letter should confirm a disability-related need, but your private medical information is protected.

2. They cannot ask for your medical records or detailed medical history.

   • The ESA letter is sufficient documentation. They cannot demand access to your full medical files or require you to undergo a medical examination.

3. They cannot ask you to demonstrate the animal’s abilities or perform tasks.

   • This is a common misconception carried over from service animals under the ADA. ESAs are not required to be individually trained to perform specific tasks. Their mere presence and companionship provide the necessary support.

4. They cannot ask for “ESA registration” or “certification” documents (like ID cards or vests).

   • As established, there is no official federal or state registration for ESAs. Any online service selling these “certifications” without a legitimate LMHP evaluation is fraudulent, and landlords cannot require them. The ESA letter is the only legally recognized document.

5. They cannot charge you pet fees, pet deposits, or pet rent for an ESA.

   • Since an ESA is considered an assistance animal, not a pet, these charges are discriminatory under the FHA.

6. They cannot impose breed, size, or weight restrictions on your ESA.

   • If your ESA is a legitimate assistance animal, a landlord cannot deny it based on their general pet policies related to breed, size, or weight. The only exception is if the individual animal poses a direct threat or causes undue burden, based on objective evidence of its behavior, not its breed or size.

7. They cannot deny your request without engaging in an “interactive process” if they have concerns.

   • If a landlord questions the legitimacy of the letter or believes the animal might pose a direct threat, they must engage in a good-faith conversation with you to clarify the information or explore ways to mitigate any potential issues. They cannot simply deny the request outright without discussion.

In Summary

For Oregon residents, knowing your rights under the Fair Housing Act regarding your Emotional Support Animal is key to a smooth housing experience. Always have a legitimate ESA letter from a licensed Oregon mental health professional. When communicating with a landlord, be prepared to provide this letter and explain that your animal is an assistance animal, not a pet, and therefore exempt from pet policies. If you believe your rights are being violated, resources like the Fair Housing Council of Oregon or legal counsel specializing in disability rights can provide assistance.