In this guide
- The Fair Housing Act applies to homeowners associations (HOAs) and condo associations, not just landlords.
- An HOA generally must consider an emotional support animal as a reasonable accommodation, even if its rules ban or limit pets.
- Boards can ask for reliable documentation when your need isn’t obvious, but generally not for your diagnosis.
- Put your request in writing and keep copies.
Owning your home doesn’t always mean you control the rules. Many condos and HOA communities have pet bans, size limits or breed restrictions written into their governing documents. If you rely on an emotional support animal, those rules don’t automatically apply to you.
Does the Fair Housing Act apply to HOAs and condos?
Yes. The Fair Housing Act covers more than landlords. Homeowners associations, condo associations and co-op boards that make and enforce rules about housing are generally covered too. Refusing a reasonable accommodation for a person with a disability can be a fair housing violation, whether you rent or own.
Can an HOA deny an emotional support animal?
Only in limited situations — similar to a landlord. An HOA may be able to deny a request if:
- The specific animal poses a direct threat to others’ safety, based on its actual behavior
- The specific animal would cause substantial damage that can’t be reduced
- The request creates an undue burden or fundamentally changes how the community operates
- You don’t provide reliable documentation when your need isn’t obvious
A general no-pets rule, a weight limit or a breed list usually isn’t enough on its own. Our guide on when a landlord can deny an ESA covers these reasons in more detail.
What an HOA or condo board can ask
- Can ask for reliable documentation of your disability-related need, such as a letter from a licensed health care professional
- Can ask you to follow normal community rules — leash rules, cleanup, noise
- Can hold you responsible for any damage your animal causes
- Generally can’t demand your diagnosis or medical records
- Generally can’t charge pet fees or deposits for an approved assistance animal
How to request an ESA from your HOA
- Get your ESA letterFrom a licensed health care professional, dated within the past year.
- Find the right contactUsually the property management company or the board’s designated contact.
- Send a written requestAsk for a reasonable accommodation under the Fair Housing Act and attach your letter. Our ESA request email template works for HOAs too — just address it to the association.
- Make verification easyInclude your letter’s verification code if it has one.
- Get the decision in writingSave every message, with dates.
Renters in condos and HOAs
If you rent a condo or a home in an HOA, you may need approval from both your landlord and the association. Send the same request and letter to both, and keep copies of each response.
If your HOA says no
Ask for the reason in writing, and offer to discuss alternatives. If you believe the denial isn’t justified, you can contact a local fair housing organization or file a complaint with HUD within one year. For legal advice about your situation, talk with a licensed attorney in your state.
The bottom line
HOAs and condo associations generally have to consider emotional support animal requests just like landlords do. A written request, a current letter from a licensed clinician, and an easy way to verify it give your board what it needs to approve your animal.
Frequently asked questions
Can my HOA ban emotional support animals?
Generally no. A community-wide pet ban usually doesn’t override a reasonable accommodation request under the Fair Housing Act. An HOA can deny a request only in limited situations, like a direct threat from that specific animal.
Can my condo association charge a pet fee for my ESA?
Approved assistance animals are generally not charged pet fees or deposits. You can still be held responsible for any damage your animal causes.
Does my HOA need to know my diagnosis?
No. The board can ask for reliable documentation of a disability-related need, such as an ESA letter, but generally can’t require your diagnosis or medical records.
Do I need approval from both my landlord and the HOA?
If you rent in an HOA or condo community, you may need both. Send your request and ESA letter to each and keep their written responses.
What if my HOA denies my ESA?
Ask for the reason in writing and offer to discuss it. If the denial seems unjustified, you can contact a fair housing organization or file a complaint with HUD within one year.
This guide is general information, not legal or medical advice. Laws and policies change and can vary by state, city and building. For advice about your situation, talk with a licensed professional.
