Concerned about ESA fraud? Here's how to create confidence in your process

Key Takeaways

• ESA accommodations are protected under the Fair Housing Act, requiring housing providers to allow qualified ESAs without pet fees, breed restrictions, or weight limits.
• ESA verification can be challenging due to the volume of questionable documentation and the effort required to validate provider credentials and letter recency.
• A strong verification process includes reviewing letter requirements, confirming provider licensing, applying consistent standards, and maintaining documentation.
• Mishandling ESA requests can create significant legal and financial risk, as demonstrated by multiple fair housing lawsuits.

Property managers face a growing challenge: accommodating residents who genuinely need emotional support animals (ESAs) while navigating times where applicants may use questionable documentation to bypass pet-related policies. With nearly one-quarter of ESA owners obtaining their letters through internet sites rather than personal health professionals, according to research published in Anthrozoös, it's more important than ever to understand how to properly verify this documentation.

ESAs and housing 

Emotional support animals provide comfort to individuals with mental health conditions, offering therapeutic benefits without requiring specialized training. Unlike service animals, ESAs require documentation from a licensed mental health professional to qualify for housing accommodations.​

"An ESA letter can be given to us by any mental health professional that has an established relationship with a patient," explains Tatiana Meduna, Product Operations Manager at Findigs.

Under the Fair Housing Act (FHA), housing providers are required to make reasonable accommodations for individuals with disabilities, which includes allowing ESAs in housing units, even if the property has a "no pets" policy. 

This means that breed and weight restrictions typically applied to pets do not apply to ESAs. For instance, a property manager cannot deny housing to a tenant with an ESA based on the animal's breed or size. Additionally, housing providers cannot charge pet-related fees, such as pet deposits or monthly pet rent, for ESAs. However, residents may still be held responsible for any damages caused by their ESA.​

Navigating documentation challenges

The flexibility in obtaining ESA letters, while beneficial for those with legitimate needs, can lead to verification challenges. For example, some residents may provide documentation from online sources without an established relationship with a mental health professional. This highlights the need for property managers to thoroughly verify genuine requests from those seeking to get around pet policies. That said, this can be hard to achieve when such a high volume of rental applications contain ESA letters.

Common verification challenges

Property managers face three main challenges when checking ESA documentation:

High volume of questionable letters: About 1 in 4 ESA letters come from online services instead of regular healthcare providers. HUD has made it clear that letters from websites where you pay a fee and get quick approval typically don't meet housing standards.

Verification takes too much time: Each ESA letter requires multiple verification steps to confirm its legitimacy. Property managers need to check the health professional's credentials, confirm their current practice status, verify the letter format, and ensure the documentation is recent enough. Most property teams simply don't have enough staff or hours to thoroughly check each letter's authenticity, especially when they need to verify recency. 

"We take that work off your plate by verifying the legitimacy of that mental health professional," Meduna says. "We check that they are legitimate in the state that they're in, that they're actually board certified, and that they have a practice that's open and running. We also confirm that ESA letters are no more than a year old.”

Mistakes can be costly: Property managers who incorrectly handle ESA requests face serious legal risks. Courts have ordered property companies to pay substantial damages and legal fees when they've mishandled these accommodations.

‍

Building a verification process you can trust

To create a reliable screening system for ESAs, you can:

1. Look for key elements in ESA letters 

A legitimate letter should include:

• Professional letterhead
• The mental health professional's license information
• A clear signature
• A statement connecting the applicant’s condition with the need for an ESA

2. Verify the professional's credentials 

Make sure the mental health professional is licensed in their state and has an active practice.

3. Consider recency 

Many property managers prefer recent documentation that shows an ongoing therapeutic relationship.Specific timeframe requirements should be applied consistently.

4. Apply standards consistently 

Creating clear guidelines about documentation requirements and renewal timelines helps residents understand your process and shows you're applying rules fairly to everyone.

5. Keep thorough records 

Document your verification process for each ESA letter to demonstrate your commitment to consistent, fair evaluation.

Real cases showing the importance of proper verification

Several court cases have made it clear that housing providers need to take emotional support animal (ESA) requests seriously—and handle them properly. 

In Bhogaita v. Altamonte Heights Condominium Assn., a resident with PTSD faced long delays and repeated requests for documentation he had already provided. The court sided with him, ordering the condo association to pay damages and more than $100,000 in attorneys’ fees. 

In Fair Housing of the Dakotas, Inc. v. Goldmark Property Management, Inc., a property manager charged fees for ESAs but waived them for service animals, which the court found unfair to people with disabilities who rely on ESAs. 

And in Warren v. Delvista Towers Condo Ass'n, Inc., a condo association tried to deny an ESA because the dog was a pit bull—banned by local ordinance. The court ruled that federal fair housing laws took priority, and the resident had the right to keep the dog.

"One of the biggest types of lawsuits property managers face is over ESA or service animal accommodations," Meduna says. "We follow all the necessary steps to protect our customers from these legal risks while also making sure residents with genuine needs are treated fairly."

How verification technology helps

Professional verification through technology offers several advantages:

Consistency in evaluation: Every ESA letter can be evaluated using the same criteria, removing potential bias that could lead to fair housing complaints.

Thorough investigation: "The research that we do is extensive," Meduna explains. "Where we add a lot of value is reducing the time that property managers have to take in verifying these letters." This includes checking professional credentials and calling offices when necessary to confirm letter authenticity.

Quick turnaround: Professional verification through Findigs typically provides decisions within six to 12 hours for ESA documentation, compared to what might take your team days to verify manually.

Legal protection: By following a consistent process , you reduce potential liability while treating residents fairly. "We're trying to make all the steps align with legal requirements without looking at irrelevant factors," Meduna explains. "We're not looking at the person's name, photo, age, anything like that. So that removes that bias."

This approach means everyone is evaluated based only on what matters legally. By sticking to clear, consistent standards, property managers reduce their legal exposure while creating a more transparent process for applicants. Those with legitimate needs face fewer barriers, and all applications receive the same objective review.

Creating a thorough (yet still accommodating) ESA verification process

Proper ESA letter verification creates confidence—both in your compliance with Fair Housing laws and in your ability to maintain high-quality communities where all residents can thrive. By establishing clear policies, consistently applying them, and using expert assistance when needed, you can navigate ESA verification without any worries. This approach protects your property while also showing respect for residents with legitimate needs for emotional support animals.

“We want to make it easy for people to move in with their pets—and make sure property managers aren’t put in a position where they’re getting sued or their apartments are getting damaged. It’s a balancing act, and that’s where we come in.” 

Ready to simplify your pet and assistance animal verification process? Learn more about our approach and reach out today to see how Findigs can help.