Verifying an ESA letter: a guide for housing providers

Where the law stands in 2026

On May 22, 2026, HUD's Office of Fair Housing and Equal Opportunity issued an enforcement memorandum, signed by Assistant Secretary Craig W. Trainor and effective immediately. It says FHEO will find reasonable cause only where the animal is individually trained to do work or perform tasks related to the person's disability. Requests to waive pet rules for trained animals are presumptively reasonable; requests for untrained ESAs are not. The memo permanently rescinded FHEO-2020-01 and confirmed that FHEO-2013-01 and FHEO-2020-01 were withdrawn on September 17, 2025.

Several things did not change. The Fair Housing Act (42 U.S.C. 3604(f)(3)(B)) and 24 CFR 100.204 still require reasonable accommodations. The memo states that it does not affect private actions in court, it does not address Section 504 complaints, and it does not change state or local law. HUD has said it plans notice and comment rulemaking.

For housing providers, the practical meaning is that an ESA request still needs an individualized review, especially in states with their own ESA rules. A blanket denial of all ESAs carries real risk in many jurisdictions. Our summary of HUD's 2026 guidance covers the memo in more depth.

State rules to check before you decide

State law often decides the outcome. Agencies in California (July 20, 2026), Massachusetts (July 31, 2026), South Carolina (August 13, 2026) and Maryland (September 8, 2026) have said their laws still protect untrained ESAs. Statutes in Virginia, Minnesota, Hawaii, Wisconsin, Nevada, Maine and Colorado cover support animals without a training requirement, and Colorado's HB26-1045, effective August 12, 2026, presumes that permitting an assistance animal, including an ESA, is a reasonable accommodation.

Many states also set documentation and fee rules. Florida, Iowa, Montana and Hawaii bar requests for diagnosis, severity or medical records. Illinois, Indiana, Kentucky, Maine, Minnesota, Utah and Virginia restrict pet fees or deposits for assistance animals. California, Arkansas, Louisiana and Montana set provider rules such as 30 day relationships. Our state law hub summarizes each state with citations.

How to verify an ESA letter, step by step

Step 1. Read the letter for the basics. Look for the clinician's name, credentials, license number, license type, issuing state, date, a statement of disability related need, the animal covered and a signature. Our sample letter page shows each element.

Step 2. Look up the license. Search for the clinician on the licensing board website for the issuing state. Confirm the license is active, the name matches and the license type fits clinical practice. This takes a few minutes and involves none of the tenant's health information.

Step 3. Confirm authenticity with the issuer. Contact the clinician or service using the details on the letter, or contact details you find independently, and ask only whether the letter is authentic and current. Anything beyond that should go through the tenant, with written consent.

Step 4. Apply your state's rules. Check whether your state sets provider requirements, relationship periods, fee rules or documentation standards, and whether the letter meets them.

Step 5. Respond in writing. Give a written decision within a reasonable time. If you need more information, say exactly what and why. Iowa and Montana require a written determination.

What you should not ask

Fair housing law protects the tenant's privacy even while you verify. If the disability and the need for the animal are obvious or already known, many state laws say you may not require documentation at all. Avoid these requests:

• The tenant's diagnosis, its severity or treatment details
• Medical records or access to the clinician's notes
• Questions to the clinician about the tenant without written consent
• Proof of registration, certification or a vest, which have no legal meaning
• A specific form as the only acceptable documentation, which Illinois and Florida do not allow
• Proof of training for an animal requested as an ESA in a state whose law does not require training

ESA letter verification checklist

Property managers can use this checklist for each request and keep it with the file.

Pet fees, damage and direct threat

Under federal law, two courts have held that waiving pet fees is not always required, and HUD's memo cites one of those decisions. Many states take a firmer line and bar pet fees or deposits for assistance animals entirely. Tenants remain responsible for damage their animal causes, and an ESA lease addendum can set those terms clearly.

Fair housing law allows a provider to deny a specific animal that poses a direct threat to others' health or safety, or would cause substantial physical damage, when the risk cannot be reduced by another accommodation. Agencies generally expect that judgment to rest on the animal's actual conduct rather than its breed, and Colorado's 2026 law says the mere presence of an assistance animal is not a direct threat.

Requesting verification from Pet ESA Service

If a tenant gives you a letter issued through Pet ESA Service, we verify it at no charge. Email hello@petesaservice.com or use our verification form with the clinician's name, the date on the letter and your contact details. Please do not send medical records or ask for clinical information. We confirm whether the letter is authentic and the clinician's license details, and anything more requires the tenant's written consent.

Our letters are issued by licensed mental health professionals licensed in the tenant's state, after an evaluation, with full license details for board lookup. Read more about our clinicians and our standards.