The Landlord's Guide to Emotional Support Animal Laws in Richmond

Richmond ranks as the fourth loneliest city in the U.S., with roughly 46% of residents living alone. For many of these residents, emotional support animals (ESAs) provide the comfort they need amidst the isolation. Landlords have seen a surge in ESA requests in recent years, especially since the COVID-19 pandemic. As they become more common, landlords are increasingly expected to understand how to accommodate them. 

In this guide, we’ll cover everything you need to know about the emotional support animal laws in Richmond. From what documents you can request to when it’s legal to say no to an ESA, you’ll learn how to protect your investment while creating an inclusive environment for your tenants.

What Counts as an Emotional Support Animal?

Emotional support animals in Richmond are often confused with pets, but they’re much more than that. ESAs are defined as animals that provide emotional support to someone experiencing an emotional, psychological, or behavioral health condition. Examples include social anxiety, OCD, depression, PTSD, and more. These conditions are viewed as disabilities, and ESAs are prescribed by licensed healthcare providers to help treat the symptoms. 

Although most emotional support animals in Richmond are dogs or cats, they’re allowed to be any type of domesticated animal (including rodents, fish, etc.). This differs from service animals, which must be dogs (or miniature horses) and require special training. While service animals are required to perform a specific task, ESAs are not held to the same standards. They provide comfort just by existing, helping regulate their owner’s mental and emotional health. 

Research has shown that spending time with an ESA can reduce loneliness, lower blood pressure, boost oxytocin (the calming chemical), and decrease cortisol levels (the stress hormone). Beyond that, ESAs can promote a healthier, more active lifestyle and encourage people to step outside of their comfort zone in social situations. This is why the law considers them medical necessities.

As a landlord, it’s important to understand how emotional support animals in Richmond can improve the lives of your tenants. Familiarizing yourself with these physical and emotional benefits can help you respond to ESA requests with empathy, allowing you to respect the needs of your tenants while protecting your rental property. 

Know the Difference: Service Animals, Emotional Support Animals, and Pets

While the emotional support animal laws in Richmond are clear about your rights and responsibilities as a landlord, it’s easy to mix ESAs up with pets and service animals. Here’s the difference between the three:

• Pets: Pets are kept for companionship and are not protected under any housing law. You may set breed restrictions, enforce pet rent, require deposits, or prohibit them altogether.

• Service animals: Covered by the Americans with Disabilities Act (ADA), service animals are trained for tasks like pulling a wheelchair, alerting someone to an oncoming seizure, or retrieving dropped items. You must allow them into your rental property, even if you have a no-pet policy, and they’re also allowed in other public spaces, like restaurants and shopping malls. While you can’t require documentation for them, you can ask whether the animal is needed for a disability and inquire about the task it has been trained to do. 

• Emotional support animals: While ESAs aren’t protected by the ADA, they are covered under the federal Fair Housing Act (FHA) and Virginia’s Fair Housing Law. These laws recognize ESAs as a reasonable accommodation for a mental or emotional disability. That means you must allow them in your rental property if a tenant qualifies, even if your lease prohibits pets, but only if the tenant can provide documentation for the animal. 

While ESAs may not have as many protections as service animals, treating them as pets could get you in serious legal trouble, making it crucial to understand the emotional support animal laws in Richmond. 

Legal Protections for Emotional Support Animals in Richmond

Emotional support animals in Richmond are protected by the Fair Housing Act (FHA) and Virginia’s Fair Housing Law. These laws make it illegal for landlords to discriminate against someone because of a disability, including denying a request for a necessary ESA.

As a landlord, that means you:

• Can’t deny housing because a tenant has an ESA
• Must overlook any no-pet policy you have in place to accommodate the ESA
• Cannot enforce breed, weight, or size restrictions on a documented ESA
• Cannot charge pet rent or pet deposits for ESAs
• Must allow ESA requests even after the lease has been signed

At the same time, tenants are expected to uphold their responsibilities. That includes keeping the ESA under control, preventing noise disturbances, and cleaning up after the animal. You may also charge tenants for any actual property damage caused by their ESA, just as you would for any other tenant-caused damage. This ensures a safe and welcoming environment for all tenants.

If a landlord violates these rights, tenants can file complaints with the Virginia Fair Housing Office or the U.S. Department of Housing and Urban Development (HUD). Penalties may include civil fines, attorney’s fees, and even formal investigations or lawsuits, hurting your business and costing you time. 

How to Validate Emotional Support Animals in Richmond

Landlords in Richmond are allowed to request documentation that confirms a tenant’s need for an ESA, but there are still legal lines you don’t want to cross. For example, you aren’t allowed to ask for the tenant’s diagnosis, treatment history, or access their medical records. Instead, you may ask for a letter from a licensed provider (therapist, psychiatrist, LCSW, or primary care doctor) who can confirm the tenant’s need for the ESA because of an emotional or mental condition. 

Emotional Support Animal Housing Letter Checklist

Using the following checklist when evaluating ESA letters can help you determine whether the request is valid. Every ESA letter should be printed on the provider’s official letterhead and include: 

• The provider’s name, license number, and professional title
• The provider’s contact information and state of licensure
• Confirmation that the tenant has a disability recognized by the DSM-5
• A statement that the animal helps alleviate symptoms of that disability
• The provider’s signature and the date (within the last year)

You may verify the provider’s license using Virginia’s provider database or another state licensing board. However, you may not call the provider or ask for more details unless the tenant consents in writing. 

Be wary of ESA letters or certificates that come from online services requiring payment. HUD has warned that some tenants may unknowingly rely on these websites, believing the documents are legitimate. In reality, a valid ESA letter must come from a licensed healthcare provider who has a professional relationship with the tenant. Without that, the documentation may not follow the rules outlined in the emotional support animal laws in Richmond.

By following this checklist, landlords can protect their rights, support their tenants, and stay compliant with the law.

Can Landlords Reject Emotional Support Animals in Richmond?

In general, emotional support animals in Richmond must be accepted as part of a tenant’s right to “reasonable accommodation.” Landlords cannot reject an ESA simply because they disagree with the concept, don’t like animals, have allergies, or prefer to enforce a strict no-pet policy. However, rejections may be allowed in cases where there’s concrete evidence of an issue with the animal or when the landlord is exempt from the FHA altogether.

Valid Reasons to Deny Emotional Support Animals in Richmond

While most ESA requests must be approved, there are limited circumstances where a landlord in Richmond may lawfully deny a request, including:

• The tenant fails to provide valid documentation from a licensed provider
• The animal poses a direct threat to the health or safety of others that cannot be eliminated through reasonable measures
• The animal has a documented history of property damage or violent behavior
• The animal is not housebroken or poses a sanitation hazard
• The requested animal is not a common household pet (e.g., snakes, goats, farm animals)
• The accommodation would impose an undue financial or administrative burden on the landlord
• The request would fundamentally alter the nature of the landlord’s housing business

Landlords may also meet one of several exemptions under the FHA:

• Owner-occupied buildings with four or fewer rental units
• Single-family homes rented without a broker (if you own no more than three such homes)
• Religious organizations or private clubs that limit housing to their own members
• Senior housing communities (55+)

If you qualify for one of these exemptions, you may not be legally required to approve ESA requests. Even so, it’s always best to communicate your decision with the tenant as soon as possible and document the exemption in writing. That way, if the tenant challenges your decision, you’ll have everything you need to show that you acted according to the law. 

The Takeaway: Emotional Support Animals in Richmond

No landlord wants to have to choose between protecting their property and respecting their tenant’s rights. By understanding the emotional support animal laws in Richmond, you can confidently do both. Knowing how to spot a valid ESA letter, when you’re allowed to deny a request, and what responsibilities both you and the tenant have can help you avoid costly mistakes and unnecessary disputes. It also shows tenants that you take their health needs seriously, without compromising on the standards you’ve set for your property.

Handling ESA requests is a natural part of running a rental business, but if you’d rather pass the legal tasks off to a professional, Evernest can help. Our local property management team keeps up with the emotional support animal laws in Richmond to ensure your rental policies follow the law. Contact us today and let us take care of documentation, communication, and everything in between.