Basic rights and obligations
A service animal is a dog that has been individually trained to do work or perform tasks for a person with a disability. An emotional support animal (ESA) is an animal that provides emotional support to a person with a disability, just by its presence.
Both emotional support animals (ESAs) and service dogs meet the definition of an assistance animal under the Massachusetts fair housing law. If an individual has a disability-related need for an assistance animal, they can ask their housing provider for a reasonable accommodation to exempt their assistance animal from any animal restrictions, policies or fees that would otherwise pose a barrier to their equal enjoyment of their housing. The housing provider may ask limited questions to determine if the animal is a service dog. For an emotional support animal, the housing provider can ask for supporting documentation from a medical provider who treats the individual to verify that they are a person with a disability and have a disability-related need for the animal.
Housing providers must not discriminate against applicants or residents on the basis of disability. Fair housing laws apply in most housing situations, including private housing and condominiums. However, owner-occupied two-family houses can refuse assistance animals.
The resident has obligations to keep their animal under control and follow all applicable laws, regulations and policies, such as municipal dog licensing, rabies vaccines, leash hours, picking up after their animal, and noise disturbances. If a resident's assistance animal is demonstrably a threat to other people or property, the housing provider can deny or revoke permission for the resident to keep the animal.
For information about general disability rights in housing, including the federal and state laws that apply, read Disability rights in housing.
Identifying the type of animal
There are different steps and rights depending on whether an animal is a service animal, an emotional support animal (ESA), another type of assistance animal, or a pet, so it is important to start by evaluating what sort of animal is involved.
Is it a dog?
Only dogs can be service animals. So if the animal is not a dog it is not a service animal.
Is the dog a service animal?
To find out whether a dog is a service animal, there are two standard questions someone can ask the animal owner to gather information without being too intrusive:
- Is the dog a service animal required because of a disability?
- What work or task has the dog been trained to perform?
If the answers indicate that the dog performs actions that help mitigate the symptoms or limitations of a disability, then it is considered a service animal.
Note that staff should ask no more questions than needed to get the required information:
- If it is obvious that the dog is a service dog (such as a guide dog), the housing provider should not be asking about it.
- If the person has an obvious disability but it is not obvious whether the dog is a pet or a service dog, staff can still ask the two questions.
- An individual with a disability accompanied by a service dog may not be asked to:
- Provide documentation of a disability,
- Answer questions regarding their disability, or
- Have the service dog demonstrate its work.
The law requires staff to take the individual at their word. If the answers do not provide enough detail for staff to determine if the animal meets the definition of a service dog, they may ask questions to clarify. For example, if the animal owner answered "My dog helps me with anxiety," that could be an emotional support animal or a service dog, so staff could ask clarifying questions. Once an adequate answer has been given, further questions might be seen as harassing and should be avoided. The process is easier if service dog owners provide enough detail to indicate that their dog takes specific disability-related actions in response to a command/signal.
Is it an emotional support animal?
If the animal is not a dog, or it is a dog but does not take specific actions to mitigate the symptoms/limitations of a disability, then it is not a service dog.
If the disability-related need for the animal is simply to provide comfort and support, then it is an emotional support animal. A housing provider can require a Letter of support from a medical provider to verify the disability-related need for the animal.
Is it another type of assistance animal?
Although most assistance animals are either service dogs or emotional support animals, there can be other assistance animals:
- Animals that are not dogs and that have been trained to do service tasks, such as a monkey trained to retrieve items, or
- Animals that substantially mitigate the symptoms or limitations of the resident's disability in some other way, with or without having been trained to do so.
Everyone should follow the same process for this type of assistance animal as they would for an ESA. So the housing provider can require a letter to verify the disability-related need for the animal (see Letter of support from a medical provider).
Is it a pet?
If the individual does not have a disability (note many disabilities are not obvious) or does not have a disability-related need for the animal, then the animal can be considered a pet.
No certification
Assistance animal owners in Massachusetts are not required to possess any certification or identification.
In recent years there has been a proliferation of websites offering certification, registration, or identification cards/vests for service dogs and ESAs. The documentation provided by these websites is not sufficient to support a reasonable accommodation request.
All dogs need to be registered with their town/city, regardless of whether they are pets or assistance animals.
Reasonable accommodation process for permission to keep an assistance animal
If a person with a disability wishes to have an assistance animal in a property with animal restrictions, they need to request a reasonable accommodation from their housing provider, which can be done verbally or in writing. There are three main steps to this process:
Request
The resident must make the request to their housing provider. The housing provider may have forms they prefer residents to use (see Question: Can a housing provider insist on a particular form?).
When making the request, it is helpful for the resident to:
- Make the request in writing and keep a copy as a record to refer back to if there are future questions or problems
- State whether or not they are a person with a disability (they are not required to give a diagnosis)
- State what species it is and whether it is a service dog, an emotional support animal, or other type of assistance animal
- Explain the disability-related need for the animal:
- If it is service dog, this is the disability-related tasks that the dog performs in response to a command or signal
- If it is an emotional support animal, this is usually the mitigation of mental health symptoms
- If it is another type of assistance animal, this is what support or tasks the animal provides to mitigate the symptoms or limitations of the disability
- Clearly identify the policies/fees that they are asking for an exception to
- For emotional support animals or other assistance animals that are not service animals: Provide supporting documentation from a medical professional who is familiar with their disability (see Letter of support from a medical provider)
- Ask for a response by a date that gives the housing provider a reasonable amount of time
- The resident can also choose to make any assurances they feel comfortable making to mitigate concerns they think the housing provider might have around hygiene, liability, property damage, noise, or threatening behavior (see Common concerns).
- If the housing provider might not be familiar with how to evaluate assistance animal requests, it may be helpful to share a link to this guidance.
Interactive process
The housing provider asks any clarifying questions and, if necessary, requests supporting documentation to provide them with the information they need to properly evaluate the request. If the housing provider thinks there may be a reason they cannot approve the request, they should discuss the issue with the resident and make good faith efforts to try to find a solution.
Decision
The housing provider gives a decision to grant or deny the request. If the request is denied, the housing provider should explain the reason for the denial. Sometimes a denial is not the end of the process. For example, if the resident has not properly explained their disability-related need for the animal, a denial may prompt them to provide a clearer explanation and then the housing provider can re-evaluate the request. (See Denial or revocation of permission to keep an assistance animal.)
Both the housing provider and resident may find it useful to keep a copy of both the request and the decision to approve/deny it.
For further information and tips about reasonable accommodation requests in housing read our Disability rights in housing page.
Letter of support from a medical provider
Housing providers should not ask for a letter of support for service dogs.
For an ESA or other type of assistance animal that is not a service dog, the housing provider can require the resident to provide a reliable letter from a medical provider, verifying their disability-related need for the animal. A letter bought off the internet is not reliable.
It is best practice for the letter to:
- Provide the medical professional's name, title, organization, address, and ideally their license and contact details. This is usually done by using their professional letterhead. The housing provider is allowed to consider the credibility of the letter.
- State the date it was written.
- Indicate an ongoing treatment relationship and thorough understanding of the patient's situation. This might include the length of time the professional has been treating the patient.
- Indicate whether the patient's condition rises to the level of disability: substantial limitation in at least one major life activity.
- Establish a connection between the assistance animal and the patient's disability symptoms/limitations to clearly show there is a disability-related need for the animal. The housing provider needs to know whether the medical professional expects the presence of the assistance animal to substantially improve disability symptoms/side-effects. If the resident has multiple assistance animals, the letter should explain the separate disability-related need for each, so that it is clear whether all of them are necessary.
- State the species of animal involved (e.g. cat, dog, hamster). For species that are not commonly kept in households, the letter needs to provide a justification for why this species is necessary.
It is never required to disclose a medical diagnosis: the relevant detail is a description of the limitations/symptoms of the disability that the assistance animal will address.
Housing providers cannot insist a medical professional make statements under penalty of perjury, but it is important for the medical professional to understand that the housing provider is relying on their professional knowledge and judgement to verify that the resident meets the disability definition and that the assistance animal is needed to substantially alleviate symptoms or effects of the disability.
While the letter of support does not need to disclose a diagnosis, more detail about how the animal addresses limitations can make approval simpler. Be aware that many housing providers are suspicious that people may be trying to pass a pet off as an assistance animal, and so if the resident is comfortable with their provider providing specifics about the limitations/challenges that the assistance animal will help with, this can help to reassure the housing provider that the situation is legitimate. The resident may wish to discuss with their medical provider how they would like the symptoms of their disability described in the letter. This can help the medical provider write a compelling letter without divulging more information than the resident is comfortable with.
A letter or certificate bought from a website after a short interview is not considered sufficient documentation to support a reasonable accommodation request. There is not currently any recognized official registry or certification program for service dogs, emotional support animals, or other assistance animals.
Residents usually want to keep a copy/original of the letter of support – this may be useful, for example, if they move.
Common concerns and animal owner responsibilities
The animal owner needs to follow all regulations that normally apply to their animal, such as licensing and vaccination requirements and off-leash areas/times in their city/town.
They should follow the rules in their housing complex (as outlined in the lease or condo documents), clean up after their animal, and keep it under control when in public or common areas.
Safety and liability
Assistance animals are permitted to accompany their owners into common areas of housing property (except into pools), however they need to be kept under control and not be a threat to the safety of other people, animals, or property. Most animals other than dogs stay within a unit, so questions of behavior and control usually involve dogs. An animal under control generally means:
- On a leash
- Staying off furniture
- Not jumping up on, licking, tripping, or threatening people
- Not causing damage or nuisance
The assistance animal owner is responsible for choosing, training, and supervising their animal so that they can keep it under control.
A dog owner is liable if their dog attacks someone.
An assistance animal can be denied if it is a direct threat to the health or safety of others. This determination cannot be based on the housing provider’s assumptions about an animal due to its breed or size. Instead, this determination has to be based on the behavior or history of behavior of the animal itself, and whether there are ways to mitigate the threat, such as a dog wearing a muzzle. If there is any question whether the animal is a threat to safety, it is a good idea for the resident to actively demonstrate that they take this concern seriously.
The courts have supported the removal of assistance animals from housing in situations where the owner has repeatedly failed to keep the animal under control around other residents, for example, if a dog was off leash when it should not be, not cleaned up after, jumping up on people, tripping them, or attacking other animals.
Hygiene
Containment and disposal of animal waste are necessary for good hygiene. Waste can damage property and smells can cause offense. It can be a good idea for the resident and housing provider to discuss how and where the resident will contain animal waste so that there are clear expectations (for example, a rabbit's waste will be contained by them staying in their cage, a dog might be toileted in a certain section of the property).
Usually if the property has outdoor space, there will be some suitable area for toileting a dog on the property or on a nearby grass curb. If there is space for an animal to toilet on the property, generally it is not reasonable for a housing provider to require the resident to toilet their animal off property or at considerable distance, particularly if the individual has mobility limitations. The housing provider can place a trash receptacle nearby to facilitate hygienic disposal of waste.
Property damage
Residents are responsible for property damage caused by their assistance animals to the same extent that they are responsible for any property damage they cause themselves. This means a general security deposit can also be used to pay for damage caused by an assistance animal (note that housing providers should not charge a pet fee for assistance animals).
It is often acceptable for a housing provider to ask a resident to toilet their dog in a particular area, to prevent damage to landscaping.
Noise
Residents have expectations of quiet enjoyment in their housing. A housing provider is expected to address any noise disturbances that go beyond the usual background noise, particularly if the noise is lengthy or during quiet hours. Therefore, a housing provider can ask an owner of an assistance animal to keep it from disturbing other residents. This might involve the resident providing stimulation to keep an animal from being bored or lonely while they are out at work, or training and control to keep them from barking at night.
Allergies or phobia
If another resident has an allergy or phobia, that is generally not enough reason to deny an assistance animal request. The housing provider has an obligation to try to accommodate the resident with the assistance animal and the resident with the phobia/allergy. Usually it is possible to meet both residents’ needs, although this may require the residents to agree to some effort or restriction, for example in the case of a dog:
- The dog owner uses one corridor/exit and the resident with the phobia uses another, or
- The dog owner keeps their dog a certain distance from a resident with allergies
The housing provider is expected to engage in an interactive dialogue to explore options and find a solution.
Addressing housing provider concerns
Housing providers are only allowed to deny a reasonable assistance animal request under limited circumstances (see Denial). Nevertheless, it is common for a housing provider to have concerns about having animals on the premises if animals are not otherwise permitted. Since it is always in the best interest of both parties to communicate and to maintain a good working relationship, a resident might want to consider what their housing provider’s concerns might be – noise, safety, property damage, other tenants asking if they can get animals – and offer whatever reassurances they feel confident making. These reassurances are optional, but they can help to show the housing provider that the resident is a responsible animal-owner and can help smooth the process. Some of these reassurances may be around:
- The animal’s positive behavior, history of training, and the owner's approach to vaccination
- The resident’s awareness of their obligations around safety, hygiene, damage, and noise
- Whether the resident would be willing for the housing provider to discuss their animal with other residents, and the wording they are comfortable being used.
The most common concern of housing providers when it comes to non-obvious disabilities is whether the animal is in fact needed because of a disability. The resident does have an obligation to address this and can do so by:
- Writing a reasonable accommodation request that clearly explains their disability-related need for the animal, and
- If it is not a service dog, providing a well written letter of support from a medical professional (see sections above for detailed tips).
Denial or revocation of permission to keep an assistance animal
Situations a housing provider may deny or revoke a requested accommodation
A housing provider can deny or revoke a request to keep an assistance animal if:
- The housing situation does not require the housing provider to provide reasonable accommodations under the fair housing laws,
- There is no established disability-related need for the animal,
- The animal is a direct threat to the safety of others or property,
- Allowing the animal would require a fundamental alteration to operations or be an undue burden (financial or administrative) to the housing provider, or
- The resident is violating terms of their contract not covered by their requested accommodation.
Housing situation does not require reasonable accommodations under fair housing laws
The vast majority of long-term housing situations require the housing provider to follow the reasonable accommodation obligations of the fair housing laws. This includes housing providers such as landlords, condo or home-owners associations, real estate companies, and municipalities. The key situations where reasonable accommodations do not have to be provided in Massachusetts are:
- An owner-occupied two-family home. This is a situation where there are two living units on the property and the landlord lives in one and rents out the other.
- Short term lodgings, such as hotels, that are not the person's primary residence (these still have obligations under the ADA, but those only cover service dogs).
Disability-related need
A housing provider may deny a request:
- If the individual requesting the accommodation does not have a physical or mental impairment that substantially limits one or more major life activities (note that the legal definition of disability is interpreted broadly),
- If the individual has not explained their disability-related need for the animal and the need is not obvious, or
- If a person requesting an ESA has not provided reliable, adequate supporting documentation. The resident should be given an opportunity to provide more information before being denied for this reason.
Direct threat to health and safety
A housing provider may deny (or revoke) a request to keep an assistance animal if the specific animal would constitute a direct threat to the health or safety of other individuals or result in substantial physical property damage. This cannot be based simply on stereotypes.
Fundamental alteration or undue burden
A housing provider may deny a request to keep an assistance animal if granting the request would impose a fundamental alteration to the nature of the provider’s operations or impose undue financial or administrative burden. These scenarios are very rare. An example might be a student dorm that is specifically designed for students with allergies: allowing an assistance animal in this dorm would be a fundamental alteration.
Violating terms of contract
If the animal is the cause of a resident violating the terms of their lease or condo rules, the housing provider may require them to remove the animal in some circumstances. Note that the reasonable accommodation request only exempts the resident from policies and contract terms that it mentions, such as a "no dogs" rule. The resident must still follow all other policies and contract terms, such as quiet hours. If they do not, the housing provider may impose consequences in the same way they would for a non-disability related violation of the contract, which can include warnings, restrictions, fines, revoking permission to keep the animal, and eviction.
Addressing issues before denial/revocation
If the housing provider feels unable to grant the reasonable accommodation request or wishes to revoke it, they are still expected to engage in an interactive process to try to reach a solution. For example, if an owner has not been picking up their assistance animal’s waste or their animal has been making disruptive noise, the housing provider should notify the owner of the issue and offer them a reasonable opportunity to address it. If the owner does not make reasonable attempts to address the issue, the housing provider can ask for the assistance animal to be removed from the housing.
If an issue arises, the housing provider should address it, but they should address it in a non-discriminatory manner. It would not be appropriate for a housing provider to put more burden on a resident with a disability who was not following rules than they would on a resident without a disability who was similarly not following rules. So the housing provider should approach an assistance animal issue in the same general way they would a non-disability matter. For example a landlord would handle a complaint about a barking service dog the same way they would a loud music complaint: they would give the same notifications and the same consequences, although the resident will need to be given more time to address the issue if it requires training the animal.
How to address a problem in the reasonable accommodation process
If you feel the other party is not following the process correctly, it can help to:
- Check through this guidance to make sure that you are doing what you should be, and have a record of doing so.
- If the other party has raised concerns or you suspect they have particular concerns, do your best to acknowledge those and offer realistic reassurances. This is particularly important if any complaints against an animal have been made and also valuable if there has been a breakdown in trust.
- Make sure that the other party is aware of what they should be doing (sharing this guidance can be helpful, perhaps politely pointing out any specifics that need addressing), and explain you are doing your best to handle this correctly and are simply asking them to do their part.
- Specify a date by which you expect an answer and be clear what action you are asking the other party to take, including any information you need from them.
You are welcome to contact us to discuss your situation. You can also give our website (mass.gov/mod) or contact information to the other party — we provide the same information to both sides of these situations. We will not share information you disclosed to us, unless given permission to do so.
Enforcement and recourse
If the request is denied, the housing provider should explain the reason for the denial. If a request for reasonable accommodation is denied/revoked inappropriately according to the fair housing laws, the recourse is for the resident to file a formal complaint of disability discrimination at one of the enforcement agencies.
How do you decide whether a complaint is the best next step?
Filing a complaint usually takes months and considerable effort, so before taking this step, it is often worthwhile for a resident to evaluate whether they are in fact at an impasse with their housing provider, or whether there might be opportunities to resolve the matter. The reason given for the denial or a discussion with the housing provider can indicate what issues need addressing. If you think you have experienced discrimination based on your disability in housing, you can contact MOD to help you analyze the nuances of your unique situation, provide feedback, and help you understand your options before you launch into a complaint. MOD is not an enforcement agency and cannot investigate your allegations, but we can talk through your recourse options.
Where to file a complaint
If you want to file a discrimination complaint, you can choose whether to file with either:
- The Massachusetts Commission Against Discrimination (MCAD), which enforces the Massachusetts Fair Housing law.
- The US Department of Housing and Urban Development (HUD), which enforces the federal Fair Housing law, OR
You should not file at both.
Due to differences in coverage between the laws, and changes in the federal landscape, MCAD is a good choice if the situation involves either of the following:
- An emotional support animal (Massachusetts continues to offer protections for emotional support animals), or
- Owner-occupied 3- or 4-unit housing (this means the property has a total of either 3 or 4 units, and the landlord lives in one unit).
How to file a complaint
At the state level, you can file a complaint at the Massachusetts Commission Against Discrimination (MCAD) within 300 days of the last discriminatory conduct. Learn about MCAD's complaint process.
At the the federal level, you can file a complaint at the U.S. Department of Housing and Urban Development (HUD) within one year of the last discriminatory conduct. Learn about HUD's complaint process.
Be advised that these enforcement agencies are neutral. They are not advocates for the person who filed a complaint.
Each enforcement agency has a process they follow for complaints. At multiple points during the process, they will decide whether and how to proceed. There are several reasons they may dismiss or stop proceeding with a complaint, for example:
- If facts do not indicate a possible infringement of the law they enforce,
- If the complaint was submitted too late, or
- If the agency has a prioritization system in place, they may drop complaints that do not fit with their priorities.
If the agency opens a case for the complaint, they will investigate by collecting information from both the resident and the housing provider. They will review the versions of events provided by both sides and evaluate the facts of the situation. Ultimately, they will decide whether the housing provider violated the law that they enforce.
Finding and applying for housing with an assistance animal
Although pet-friendly housing can be harder to find, our experience is that in pet-friendly housing people have a much easier time getting approval for assistance animals and their housing provider and neighbors tend to be more welcoming. In pet-friendly housing, a resident might request a reasonable accommodation to not pay any pet-fees or deposits for an assistance animal, or for an exception to weight/breed restrictions.
Some assistance animal owners start by looking for pet-friendly housing first and only if that search is fruitless do they consider housing with pet restrictions.
It is sensible for applicants to be careful about what they write on applications: leases often rely on the accuracy of the application. A lease is a contract. If it says no animals, and you move in with an animal, you are in breach of the contract if you have not requested a reasonable accommodation to allow you to keep an animal. So, it is important to know what the terms of your lease are.
However, we are aware that some housing providers (including real estate agents) have used screening or application questions to discriminate. We suggest that if housing providers wish to screen for animals without discriminating, they can ask whether a prospective resident has pets: the applicant may honestly answer no if they have an assistance animal, as this is not a pet. If a housing provider instead asks whether the applicant has a dog or an animal, that would force the applicant to disclose a service dog or emotional support animal, which might open the housing provider up to discrimination complaints.
There is not a simple answer about how best to navigate the housing application process with an assistance animal. If an applicant does not disclose an existing assistance animal, this can damage trust in the relationship with the housing provider. However, we hear many ESA owners report that as soon as they mention their animal, their application stops. It can be hard to prove discrimination during the application process. If you think a housing provider may be discriminating, MassLegalHelp suggests immediately contacting a testing agency.
Many ESA owners wait to disclose their animal until they have been offered the unit or have signed a lease. It can help repair trust to explain the reasons for delaying mentioning the animal.
Question: When can the request be made?
While people with disabilities are permitted to request a reasonable accommodation from their housing provider before or after acquiring an assistance animal, they should be aware that making the request only after issues with the animal have been raised by the housing provider, may undermine the appearance of good faith.
We strongly recommend that residents are proactive in notifying their housing provider of any assistance animal living with them. Any wait can make it look like the resident is trying to hide the animal and the subsequent request to keep an assistance animal is often interpreted as the resident trying to pass off a pet as an assistance animal. This makes the process harder, damages trust between the resident and housing provider, and damages the reputation of assistance animals, making life harder for other people with disabilities.
Question: Do breed/weight limits and pet deposit apply?
Assistance animals are not considered pets, so housing providers cannot impose breed/weight restrictions or pet-fees/deposits/insurance requirements for assistance animals.
If an individual is deciding what breed of animal to choose as an assistance animal, be aware that breeds considered dangerous may make the process of getting approval harder. They may also find housing providers and other residents are less welcoming.
Question: What can a housing provider ask?
Before a resident/applicant asks for a reasonable accommodation, the housing provider should not force an individual to disclose whether they have a disability. They can ask if the resident/applicant has any pets (which assistance animals are not).
Once a resident/applicant asks for a reasonable accommodation, such as keeping an assistance animal, the housing provider can insist a resident provide the following information to properly evaluate the request:
- Whether or not they have a disability (if their disability is not obvious)
- What their disability-related need for the animal is (if this is not obvious)
- If it is an ESA, a letter from a medical professional who is treating the resident, verifying they have a disability-related need for the animal.
A housing provider should not insist on the resident disclosing a diagnosis or giving more detail about their disability than necessary to evaluate their disability-related need for the animal.
There are a number of other topics that a housing provider may want to discuss with a resident with an assistance animal. Discussion of practicalities and setting expectations can actually be a good way to ensure the assistance animal's presence is smoothly integrated, e.g. where the animal will be toileted, keeping it on leash in public areas, and noise expectations.
The housing provider should treat information related to the resident's disability as private and should only share this information on a need-to-know basis (see Question: What can a housing provider tell other residents and staff?)
Question: Can a housing provider insist on particular forms or information?
Some housing providers have forms for reasonable accommodation requests or supporting documentation from a medical provider. If well structured, these forms help the housing provider collect all the relevant information they need to evaluate a request and may help them follow a consistent process. So using the housing provider's form can make things easier.
Housing providers can ask residents to use their forms, but they cannot require it. For example, if a resident makes a reasonable accommodation request verbally, or in an email or letter rather than using the housing provider’s form, the housing provider still needs to treat that as a request that has been made.
Sometimes forms ask questions that are unnecessary or overly intrusive. The resident cannot be required to disclose a diagnosis or provide information that is not necessary for the evaluation of the request. The housing provider can deny a request where the resident has not provided information indicating:
- They meet the broad definition of having a disability
- What their disability-related need for the assistance animal is
- If it is an ESA or other assistance animal that is not a service dog, verification of the above from a medical provider familiar with their disability
Questions about letters of support
Who should write the letter of support?
The letter of support needs to be written by a licensed health care professional. It is most compelling if written by someone who has expertise to diagnose and treat the disability or mental health symptoms the individual is treating using the ESA. Often this is a therapist, psychiatrist, social worker, or primary care physician who has been treating the individual for some time and has discussed the impact of their symptoms on their life and the suitability of available treatment options, including an emotional support animal.
Is an out-of-state therapist allowed to write a letter of support?
The supporting documentation for an ESA request can be written by an out-of-state medical professional. So, while this can be a hint that the letter might have been bought online, it is not in itself a problem: the value of having a good fit and relationship with a therapist means that people may keep seeing their therapist when they move to a new state. If your therapist is out-of-state, it may smooth matters to address the reason for this and make clear the ongoing treatment relationship.
Is telehealth reliable?
Yes. Nowadays a lot of therapy appointments are conducted via telehealth (for example by phone or video call). So if the medical provider who writes the letter of support has been providing some or all of their treatment by telehealth, that is not a problem.
Can a letter bought from a website be used?
Letters bought online after a short interview are not considered sufficient. Housing providers can expect the supporting documentation to indicate personal knowledge of the individual.
Question: Is my housing covered under federal or state law?
Both federal and state fair housing laws apply to most types of housing. So most long-term housing situations require the housing provider to follow reasonable accommodation obligations under both state and federal fair housing laws. This includes housing providers such as landlords, condo or home-owners associations, real estate companies, and municipalities.
Massachusetts only
However owner-occupied homes with 3 or 4 units are only covered by Massachusetts fair housing law, not the federal Fair Housing Act. This means that complaints regarding such housing can only be addressed at the state level.
Neither state nor federal
The main entities that do not have to provide reasonable accommodations under either state or federal fair housing laws are:
- Short term lodgings, such as hotels, that are not the person's primary residence (these still have obligations under the ADA, but those only cover service animals)
- An owner-occupied two-family home. This is a situation where there are two living units on the property and the landlord lives in one and rents out the other.
Question: What can a housing provider tell other residents or staff?
A housing provider should not be sharing any information related to a person’s disability unless necessary. If they need to pass on a request to their lawyer or inform members of a team that someone has been approved to keep an assistance animal, they may do so, but may not provide more detail than necessary. Any records relating to the disability should be treated as private information and stored securely. It is not good practice for a housing provider to discuss a resident’s private information in a public location where other residents or staff may overhear.
If another resident asks why someone is allowed to keep an animal if there are no pet rules, the housing provider could say: “This animal has been approved but this is a private matter. If you and I discussed something about your life that affected your housing, you would expect me to keep that confidential and not discuss it with other residents, so I ask you to respect the other resident’s privacy around this matter. You can rest assured that the matter has been properly assessed.”
If the person with a disability has given you permission to say more, you may do so, but you might want to capture for your records exactly what they have given you permission to say so that you do not accidentally divulge more than they were comfortable with.
Question: Can a housing provider deny an assistance animal because of insurance?
Insurance companies are allowed to charge different premiums depending on what animals live in the residence, and sometimes the presence of a particular animal will cause a change in insurance. Housing providers cannot pass on any increased costs to residents with disabilities as this would mean placing an additional burden that is not placed on people without disabilities – such a cost can be seen as part of the costs of doing business.
A housing provider may deny an accommodation request that would cause them undue financial hardship. However financial hardship is a high standard. Housing providers are expected to shop around for insurance if they face a drop in coverage or a premium increase that they are not content with.
Question: Can a person have more than one service dog or ESA?
There is no official limit saying a person can only have one assistance animal. The basic requirements for a reasonable accommodation would still be the same: the individual would have to explain the disability-related need for each and every animal.
More than one service dog
There are situations where an individual may need two service dogs, such as:
- Their service dog is approaching retirement, but their next service dog cannot yet fully perform all service tasks, so both dogs are working.
- Their first service dog is not well suited to do all of the assistance tasks needed, so they get a more suitable second dog to perform those tasks.
If an individual has a service dog, often that animal can also provide emotional support.
More than one ESA
Housing providers are always allowed to ask residents to explain the disability-related need for a requested accommodation. The need for a single emotional support animal can be straightforward to explain if it is providing substantial relief to mental health symptoms. A resident requesting multiple ESAs would need to explain why more than one ESA is required to meet their needs. If their disability-related need could be met by one ESA, the housing provider can meet their obligations by allowing just one. Some people may have one primary emotional support animal plus a number of pets that also provide a level of emotional support - the housing provider only needs to accommodate the ESA.
Multiple emotional support animals or an emotional support animal in addition to a service dog are scenarios that often make housing providers suspicious that people are trying to get around pet restrictions. If you are making a reasonable accommodation request, this is worth discussing with your medical provider before they write their letter of support. If the medical provider sees you have a separate disability-related need for each animal and can explain that adequately in the letter, that will be valuable support for your request.
Question: Do service dogs in training need to be allowed?
The Massachusetts Service Animal in Training law does not apply to housing.
Housing providers have no obligation to allow a resident to keep a dog they are training as a service dog for someone else.
If a resident with a disability has a need for a new service dog, the dog will need to be trained in its service tasks. (The training can be done by a professional or the owner or someone else.) If the resident can explain a disability-related need for having the dog in their housing while it is undergoing training, then they can use the reasonable accommodation process.
It may help to offer the housing provider an idea of the length of time the training will likely take, the likelihood of the training being successful and some assurance about what their plan is if the dog cannot be successfully trained as a service dog.
Note that a dog is considered a service dog as soon as it has been trained to perform at least one task needed because of a disability. The dog may continue to be trained for additional tasks.
Question: The law allows me an ESA so why ask permission?
If your housing contract says no animals are allowed, and you have an animal (without having requested a reasonable accommodation), you’re violating the terms of the contract. So if you need your animal because of a disability, it is important to ask for a reasonable accommodation to exempt you from the no animal rule. If you wait to make the request until the housing provider finds out from someone else that you have an animal, it may look as though you were hiding it. This is likely to make them more suspicious of whether it is actually needed because of a disability, so you may have a harder task getting your request approved and it is likely to damage the trust in your relationship with your housing provider going forward.
Question: If my pet comforts me, can I just say it is an ESA?
The law is there to protect people with disabilities and allows reasonable requests for assistance animals if needed because of their disability. If you:
- Are a person with a physical or mental impairment that substantially limits one or more major life activities, and
- Need the animal to help with symptoms or limitations caused by your disability,
then you can make a request to keep the animal as an emotional support animal.
However, if you do not need the animal because of a disability, then your animal is a pet, not an emotional support animal. Please consider the consequences of your actions on people with disabilities who need their assistance animals and often face an uphill battle getting approved to keep their animals because their housing providers are suspicious of fake assistance animals.
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| Last updated: | July 22, 2026 |
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