How to ask your landlord for an ESA accommodation in 2026

What changed for ESA requests in 2026?

On May 22, 2026, HUD issued an enforcement memo saying its fair housing office will find reasonable cause only where an animal is individually trained to do work or perform tasks. Requests for untrained emotional support animals are no longer treated as presumptively reasonable for federal enforcement, and HUD permanently rescinded its 2020 assistance animal notice.

The memo did not change the Fair Housing Act itself, HUD's regulation at 24 CFR 100.204, your right to bring a private suit within two years, or state law. Agencies in California, Massachusetts, South Carolina and Maryland have said their laws still protect untrained ESAs, and Colorado's HB26-1045, effective August 12, 2026, presumes that permitting an assistance animal, including an ESA, is a reasonable accommodation. Our guide to HUD's 2026 guidance has the detail.

In practice, your request still matters. Many landlords continue to approve well documented ESA requests, and a clear written record is what a state agency or court will look at if there is ever a dispute.

When should you make the request?

The best time is before the animal lives with you, and ideally before you sign a lease. Asking up front lets the landlord respond during the application rather than after a neighbor complains, and it avoids any suggestion that you are hiding a pet.

If your need arises during a lease, ask as soon as you know. There is no federal deadline, but waiting until a lease violation notice arrives makes the conversation harder. Iowa adds a timing rule of its own: a written finding must be made within 12 months of the start of the rental agreement.

Give the landlord reasonable time to answer. If you hear nothing after about two weeks, a polite written follow up is fair, and it adds another dated entry to your records.

What should your written request say?

Keep it short and factual. You can adapt the sample below and send it by email, through the tenant portal or by letter. Email and portal messages create a dated record automatically.

Dear [landlord or property manager name],

I am a tenant at [address and unit], or I am applying for [address and unit]. I am writing to request a reasonable accommodation for my disability. I have a disability related need for my emotional support animal, [name], a [species and breed], and I ask that you make an exception to the [no pets policy, pet fee or other rule] so that [name] can live with me.

I have attached a letter from my licensed mental health professional confirming my disability related need for this animal. The letter includes the clinician's license information if you would like to verify it. [Name] is vaccinated and licensed as required locally, and I will remain responsible for any damage the animal causes.

Please let me know your decision in writing by [a date about two weeks out]. If you need more information, I am glad to discuss it. Thank you for your time.

Sincerely, [your name, email or phone, and the date]

Leave out your diagnosis, medical records and long personal history. The request is about the accommodation; the letter supports it.

What should you attach?

A focused packet is easier to approve than a thick one. Attach what supports the request and nothing that invites side arguments.

• Your ESA letter, as a PDF, from a clinician licensed in your state
• Proof of vaccinations and local licensing, if the landlord asks or local law requires it
• A recent photo of the animal, if the building keeps animal photos on file
• The landlord's own form, if they use one; Florida and Illinois say a request cannot be denied only because you skipped it, but filling it out is often the fastest path

Why skip certificates and ID cards?

Registration certificates, ID cards and vests do not establish a need for the animal. Florida, Iowa and Montana statutes say an online registration alone is not enough, and attaching one can make a strong clinical letter look weaker. Our article on registries versus clinical documentation explains why.

What records should you keep?

Good records protect both you and the landlord. If a landlord asks something on the phone, send a short email afterward that summarizes the call. That turns a memory into a record.

What if the landlord asks questions or says no?

Follow up questions are common, especially since the 2026 memo. A landlord may ask to verify that your letter is genuine or to see vaccination records, while many states bar demands for your diagnosis or medical records. Our guide to what a housing provider can ask walks through typical requests.

If the answer is no, ask for the decision and the reason in writing. Iowa and Montana statutes require landlords to issue a written determination. From there, your options depend on state law: you may be able to file with your state fair housing agency, and private suits under the Fair Housing Act remain available within two years. Pet ESA Service helps your housing provider verify your letter at no extra charge; see our housing support page.

Need a letter first?

If you do not have documentation yet, start with the free assessment. A clinician licensed in your state reviews it, and if documentation is clinically appropriate, you receive a signed PDF letter by email, usually within 24 to 72 hours of the evaluation.