ESA Letter and Documentation 2 — Questions and Answers
Question 1: Which federal law governs ESA accommodations in housing situations?
- Americans with Disabilities Act (ADA)
- Fair Housing Act (FHA) (Correct answer)
- Air Carrier Access Act (ACAA)
- Rehabilitation Act of 1973
Correct answer: Fair Housing Act (FHA)
The Fair Housing Act requires landlords to provide reasonable accommodations for tenants with ESAs who have a qualifying disability.
Question 2: An ESA letter must be written on the letterhead of which type of professional?
- A licensed mental health professional (LMHP) (Correct answer)
- A general practitioner or any physician
- A certified animal trainer
- A social worker without a license
Correct answer: A licensed mental health professional (LMHP)
Only licensed mental health professionals such as therapists, psychologists, or psychiatrists are qualified to write a valid ESA letter.
Question 3: What is the typical recommended renewal period for an ESA letter?
- Every 5 years
- Every 3 years
- Every year (Correct answer)
- Every 6 months
Correct answer: Every year
ESA letters are generally recommended to be renewed annually to ensure the documentation reflects the tenant's current mental health condition.
Question 4: Which of the following is NOT required information in a valid ESA letter?
- The LMHP's license number
- The specific breed and weight of the ESA animal (Correct answer)
- The date the letter was issued
- The LMHP's contact information
Correct answer: The specific breed and weight of the ESA animal
A valid ESA letter does not need to specify the animal's breed or weight; it only needs to establish the patient's disability and need for an ESA.
Question 5: Under the FHA, can a landlord legally charge a pet deposit for an ESA?
- Yes, always
- Yes, but only for dogs
- No, ESAs are not considered pets under the FHA (Correct answer)
- Only if the deposit is under $200
Correct answer: No, ESAs are not considered pets under the FHA
ESAs are not classified as pets under the FHA, so landlords cannot charge pet fees or deposits for them.
Question 6: Which statement best describes the relationship between the LMHP and the patient in a valid ESA letter?
- The LMHP must have treated the patient for at least 5 years
- The LMHP must have an established therapeutic relationship with the patient (Correct answer)
- The LMHP only needs to conduct a one-time online questionnaire
- No professional relationship is required
Correct answer: The LMHP must have an established therapeutic relationship with the patient
A valid ESA letter requires the LMHP to have an established professional relationship with the patient to accurately assess their need for an ESA.
Question 7: If a landlord requests ESA documentation, what is the maximum they can legally require?
- Full medical records and diagnosis history
- A reliable ESA letter from a licensed mental health professional (Correct answer)
- Proof of ESA certification from a registry
- A veterinary health certificate for the animal
Correct answer: A reliable ESA letter from a licensed mental health professional
Landlords may only request a reliable ESA letter from an LMHP; they cannot demand full medical records or official certifications.
ESA Letter and Documentation 2
Which federal law governs ESA accommodations in housing situations?