I’m getting a lot of comments and messages from landlords about HUD’s recent decision to stop enforcing emotional support animal (ESA) rules. Everyone wants to know the same thing: does this mean I can finally say no to an ESA letter? Let me walk you through what I’m seeing and what my property management company here in Philadelphia is actually doing about it.
Quick disclaimer up front: I’m not an attorney. I can’t give you legal advice. What I can give you is my understanding as someone who has been managing rental properties in Philadelphia since 2008 and dealing with ESA letters constantly.
What HUD Actually Changed
Here’s the key thing to understand: the law hasn’t changed. HUD just isn’t going to enforce it.
HUD has historically been the primary entity a tenant would reach out to if they felt a landlord discriminated against them over an ESA. They were the most responsive agency, and they would take action. Going forward, that’s not happening with emotional support animals.
To be clear, this is specifically about ESAs — animals where someone is simply saying “I need my pet for emotional support.” This is not about service animals or assist animals that have actually been trained and certified to help someone with a physical disability. Those are still protected, still enforced, and always should be.
The Fake ESA Letter Problem
If you’ve been a landlord for any length of time, you already know the game. A tenant tells you they have an ESA, and they hand you a letter from some “therapist” they’ve never actually met. You can Google ESA letters right now and get one in about ten minutes from a real therapist somewhere who will write it without ever speaking to the tenant.
Believe it or not, tenants will sometimes straight up tell us, “Oh, I just went online and got this.” That’s how common it is.
HUD’s policy reversal is largely a response to how out of hand this got. But again — the underlying law is still on the books.
What My Property Management Company Is Doing
At my Philadelphia property management company, we are absolutely still accepting ESA letters. Here’s why:
- The law is still the law. HUD just isn’t the one enforcing it right now.
- A tenant could still pursue a complaint through a city agency or another channel.
- Our job is to protect our owners from liability — not create new liability for them.
So even the dubious letters, the ones where we strongly suspect the tenant just clicked a button online, we’re still accepting them as long as they meet the criteria and come from an actual licensed therapist. We’re not going to risk a fair housing complaint to save an owner a pet fee.
What Should You Do as an Individual Landlord?
I always try to give you options. If you’re a small landlord managing your own properties, here’s what I’d consider doing:
Option 1: Accept it like you always have
Safest path. The law still exists. Just because one enforcement agency stepped back doesn’t mean you can’t still get hit with a complaint somewhere else.
Option 2: Mention HUD’s new position and see what happens
When a tenant comes to you with an ESA letter, you could respond by letting them know HUD is no longer enforcing these. You’re not refusing the animal — you’re just sharing information. Some tenants might say “never mind” and that’s the end of it. If they push back and insist, I’d still accept the letter.
Take that with a grain of salt. Talk to an attorney before you try it. But it’s a middle-ground approach some landlords are going to want to consider.
The Bigger Picture for Landlords
This is one of those situations where a policy change makes for a great headline but doesn’t actually change much on the ground. Until the law itself changes, I’d be very careful about treating this as a green light to start denying ESAs. One angry tenant filing a complaint with the right agency, and you’re looking at a fair housing case you don’t want.
The smarter play is to tighten up your tenant screening process on the front end, make sure your lease and pet policies are clean, and continue treating ESA requests the way you have been. If you’re a landlord trying to protect yourself from liability, the boring answer is usually the right one.
This is Joe White with the Grow Real Estate Investing Podcast — just a humble Philadelphia property management company owner doing my best to answer your rental property questions. As always, happy rental property investing.
