No, landlords generally cannot force you to remove a legitimate emotional support animal (ESA) simply because of a "no pets" policy, breed/weight restrictions, or personal preference. ESAs qualify as a reasonable accommodation for individuals with mental or emotional disabilities, meaning housing providers must allow them in most rental properties (with limited exemptions, like certain small owner-occupied buildings).

However, a landlord can require removal or deny the accommodation in specific cases:

  • The animal poses a direct threat to the health or safety of others (e.g., uncontrolled aggression—not based on breed stereotypes or speculation).

  • The animal causes substantial property damage that cannot be mitigated.

  • The accommodation creates an undue financial or administrative burden (rare for typical ESAs).

  • Lack of valid documentation: You must provide reliable evidence (usually a letter from a licensed mental health professional) confirming your disability-related need if it's not obvious.

Tenants remain responsible for the ESA's behavior, cleanup, and any damages (which can be charged normally, but no pet fees/deposits apply).

Important Update (as of December 2025): In September 2025, HUD withdrew key guidance documents (including FHEO-2020-01) on processing assistance animal requests. The core FHA protections remain in effect, but without detailed federal guidelines, verification processes and denials may vary more case-by-case, potentially leading to increased scrutiny. Always keep your ESA letter current and document communications with your landlord.

If you believe a denial is unfair, you can file a complaint with HUD or seek advice from fair housing organizations—unreasonable refusals may constitute discrimination.