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If there’s one issue that consistently makes property managers groan, it’s emotional support animals (ESAs). Unlike service animals, ESAs live in a gray zone: tenants can claim rights, landlords can push back, and property managers are caught in the middle.
Now, more of these disputes are landing in court. And the outcomes are shaping the way property managers need to respond.
ESA vs. Pet: Why the Distinction Matters
A service animal is trained to perform specific tasks for a person with a disability. An emotional support animal doesn’t need training—it just needs to be “prescribed” to provide comfort.
That difference is huge:
Service animals are protected under the Americans with Disabilities Act (ADA).
ESAs fall under the Fair Housing Act (FHA), which requires landlords to provide “reasonable accommodation” for residents.
The problem? “Reasonable” is up for debate. And that’s where property managers end up exposed.
What the Courts Are Saying
Recent cases have made one thing clear: courts are skeptical of fake ESA registries and flimsy online certificates. But they’re equally tough on landlords who dismiss legitimate requests without due process.
The legal trend looks like this:
Sham documentation: Judges are throwing it out.
Blanket denials: Courts are siding with tenants when landlords reject requests without investigation.
Policy consistency: Companies with a documented, standardized process fare better than those improvising case by case.
Protecting Owners Without Violating Fair Housing
Property managers have to walk a fine line: defend the owner’s asset while respecting tenant rights. The best practices include:
Don’t treat ESA requests like pet requests. They’re legally different, even if they feel similar.
Train your team. Leasing agents and maintenance staff should know what an ESA request looks like and who handles it.
Document everything. Track the request, the documentation provided, and your response. If it ends up in court, paper trails matter.
Avoid knee-jerk denials. Even if the request looks questionable, follow the process before rejecting it.
Building a Process That Holds Up
The real protection isn’t in arguing harder—it’s in building systems that protect you from the start. That means:
A standard ESA policy written into your management practices.
Pre-set forms for tenants to submit requests and provide documentation.
Automation in your workflows so requests are logged, tracked, and followed consistently.
When your team operates from a playbook, you take the guesswork—and the liability—out of the equation.
The Bottom Line
ESAs aren’t going away. The courts are stepping in, and the only property managers who’ll stay out of trouble are the ones with processes that can withstand scrutiny.
👉 Need a compliant ESA policy and templates you can implement immediately? Subscribe to PMAssist Insider today: bit.ly/pmasub.
