Requests for emotional support animals are one of the most misunderstood and high-risk issues facing rental property owners in Hampton, VA. Responding incorrectly, even unintentionally, can expose landlords to Fair Housing complaints, legal disputes, and costly mistakes.
This guide is designed to help Hampton rental property owners understand the difference between emotional support animals and service animals, how reasonable accommodation requests should be handled, and what steps owners can take to remain compliant while protecting their properties.
This content is informational in nature and reflects general Fair Housing guidance. It is not legal advice. For property-specific situations, working with an experienced Hampton property management company is strongly recommended.
An emotional support animal is an animal that provides emotional or therapeutic support to an individual with a disability. Emotional support animals are not pets under the Fair Housing Act and may be allowed as a reasonable accommodation in rental housing.
Unlike service animals, emotional support animals:
Are not required to have specialized training
Do not perform specific tasks related to a disability
Are protected under the Fair Housing Act, not the Americans with Disabilities Act
An emotional support animal may help mitigate symptoms of emotional or mental health conditions, but the animal itself does not need to be trained to perform a specific function.
A service animal is a dog that has been individually trained to perform specific tasks for a person with a disability. Service animals are protected under the Americans with Disabilities Act.
Examples of tasks include:
Guiding individuals with visual impairments
Alerting individuals to seizures
Assisting with mobility
Performing trained psychiatric tasks related to a disability
A psychiatric service dog is a service animal, not an emotional support animal. The key distinction is task-based training tied directly to a disability.
Why should property owners be aware of the differences between emotional support animals and service animals? When responding to a tenant’s request for an ESA, the wrong response or denying the animal for the wrong reasons can lead to legal issues for property owners.
Most states require real estate investors to allow emotional support animals under certain conditions. If you decide not to allow emotional support animals, but your tenant has one, you could be liable if something happens because it's considered discrimination under the Americans with Disabilities Act (ADA).
A property manager can help you review a request and follow the right process to allow reasonable accommodation.
A request for an emotional support animal from a tenant should be treated like any other reasonable accommodation request.
If a tenant requests an emotional support animal:
Do not immediately deny or approve the request
Do not make assumptions about legitimacy
Maintain professional, neutral communication
Avoid language that questions the tenant’s disability or motivation.
If the disability is not readily apparent, landlords may request documentation from a licensed healthcare professional confirming that:
The tenant has a qualifying disability
The animal provides support related to that disability
Landlords should proceed cautiously and avoid requesting unnecessary or intrusive information.
Even when an ESA is approved, tenants must still comply with lease obligations.
Emotional support animals must not:
Pose a direct threat to others
Cause substantial property damage
Create ongoing disturbances that violate lease terms or local ordinances
Accommodation does not mean exemption from responsibility.
Leases should clearly outline:
Pet policies
Reasonable accommodation request procedures
Tenant responsibilities for animal behavior and property care
While fees cannot be charged for ESAs, tenants remain responsible for damages caused by the animal.
Consistency is one of the strongest defenses against Fair Housing claims. All requests should follow the same review process, regardless of property type or tenant relationship.
ESA requests can quickly become complex. Property management professionals help landlords:
Evaluate requests correctly
Maintain documentation
Avoid Fair Housing violations
Address conflicts before they escalate
To stay on the right side of the law while evaluating renter requests, work with property management experts who understand and regularly handle these accommodations.
Emotional support animal requests require careful handling, clear documentation, and a strong understanding of Fair Housing obligations. For Hampton rental property owners, guessing or relying on outdated information creates unnecessary risk.
Osprey Property Management helps Hampton landlords navigate ESA requests, lease compliance, and tenant communication with consistency and confidence. Our team understands local rental operations and federal housing requirements, allowing owners to protect their investments while remaining compliant.
If you want help managing ESA requests or reviewing your lease policies, contact our Hampton property management team today.
For additional guidance, download our free resource How To Create a Custom Lease Agreement Checklist.