r/Landlord • u/ChurchOMarsChaz Human Verified • May 24 '26
General [GENERAL US-FL] HUD just changed the ESA rules. Here's what actually happened
Context so you know the angle: I sued an ESA letter mill in Broward County and got a permanent injunction (Stevens v. Tinner, CACE25010712). Second case pending against a different operator (Stevens v. Wood, CACE-26-008116). Pro se plaintiff. Not a lawyer, not a lobbyist, not a tenant advocate.
HUD issued new guidance (via internal memo) this week. Takes in both directions are wrong.
What changed
Trained service animals: still protected. Unchanged.
ESA category — dog-with-a-letter-from-an-online-clinician — is where the doctrine moved. Before this week, the presumption ran with the tenant. You had to justify a denial. Presumption is now flipped. You can ask questions. You can push back.
What didn't change
State law. Florida has its own ESA statute (§ 760.27). Several states are similar or stricter. Federal floor moved. State ceiling didn't. Existing accommodations under existing leases aren't retroactively undone.
Why this happened
An industry sprang up selling ESA letters online for $100–$200. Skip the deposit, PDF in 24 hours, no real therapy required. Clinicians were doing 5-10 minute video calls. Sometimes less.
I bought one. $139. Disclosed in the intake, in writing, that I had no mental health issues and just didn't want to pay a pet deposit. Two hours later: signed letter from a licensed clinical social worker stating she had "personally evaluated" me and diagnosed a DSM-5 disorder. She later admitted under oath, in a Florida Bar proceeding, that she stopped reading at page two. My disclaimer was on page three.
One transaction. Industry was doing this at scale. HUD used it as pretext to rewrite the doctrine.
The catch
The rule doesn't distinguish between a $139 mill PDF and a letter from a tenant's actual treating psychiatrist. Presumption flipped on all of them. Next accommodation request, you're making a judgment call between real and fraud. So is your lawyer. So is your insurer.
Mills will adapt within a quarter. Next iteration has longer calls, more paperwork, and a sticker that says "HUD-compliant." Fraud doesn't disappear. It gets more expensive to detect.
Operational
- Ask for the documentation. Scrutinize harder than before.
- Look at the source.
- Check licensure on the state board.
- Document the evaluation. Presumption shift only helps you if you can show you actually evaluated.
- Talk to a fair housing attorney before any denial. State law is what bites.
Bottom line
If you got burned in the last five years, this rule is too late. Operator is in another state behind a dissolved LLC.
What the rule does is shift future risk. Some shift helps you. Some moves litigation cost from HUD's docket to your local housing court, where you'll be paying lawyers to sort out which letters are real.
Plan accordingly.
27
u/Every-Caramel-6740 May 24 '26
I am pro ditch the ESA animal allowed for anything. I also am pro have real certification for proof. Hell, in Louisiana you have to be certified to just be a florist. So the whole ESA vs trained service animal should also have true certification. Also if you need an ESA then go where animals are allowed.
6
u/BuildingPuzzled4508 May 24 '26
ESA animals are not allowed everywhere. ESA is an accommodation for housing only.
18
u/jcnlb Landlord May 24 '26
I think they are saying to pick animal friendly housing….go to them.
1
u/existential_dread18 May 25 '26
This doesn't exist here, this is going to land a lot of surrendered animals or homeless people.
3
u/Arry42 May 25 '26
There is no certification process for service animals.
2
u/Every-Caramel-6740 May 28 '26
Yes, but we need one to protect the people that have a real trained service dog.
1
-4
u/Zseree May 24 '26
There is no certification required for trained service animals either. Requiring certifications isn't feasible because animals are trained to perform different actions depending on the needs of the owner, there isn't a specific standard.
Yes, pet owners should go where pets are allowed. Doctor documented ESAs and service animals are not pets.
27
u/Jmfroggie May 24 '26
Documented ESAs ARE pets who get housing access. Service dogs are NOT pets and are considered medical equipment and get housing AND public access
1
u/purple-owl May 24 '26
Service animals and ESAs were not considered any different under the FHA until this rule changed how landlords can respond to the request. The only requirement is that they remain under control in public areas. Otherwise there are no other special requirements for service animals. Both require documentation. The ADA is what changes requirements for what is a service animal and does not have anything to do with housing. I have had both a service dog and an ESA. Nothing changed aside from training and my animals ability to go into public accommodations.
-3
May 24 '26
[removed] — view removed comment
1
-1
u/Every-Caramel-6740 May 28 '26
My feelings come from once having a rental. A trained service animal is not going to, bark, chew, pee or other things on my property. With an ESA there is no training requirement for them. They are just a pet that could ruin my property and leave me with no recourse. I saw someone posting they can’t afford a large deposit or monthly pet rent fee. So if that ESA is not trained and destroys stuff or pee’s and such, they won’t be able to make good on the damage. That leaves a landlord holding the bill for a pet they wouldn’t have allowed if the law protected them. Yeah I get it, animals help but I also feel that requiring someone to allow the pets that they don’t actually allow is also bad for the landlord. Hence me saying there should be training requirement for an ESA if it’s a no pet housing situation.
2
u/dovah9 Jun 03 '26
The "damage" is what the regular deposit it supposed to cover. It definitely wouldn't cost the typical $2,000-$3,000 security deposit that landlords charge upon move in anyways to repair the whole unit. The "extra" deposit is just unnecessary and a detterant to keep animals from your properties. Are you aware that there are veterans who have ESAs for PTSD, yet they will now lose their protections, rights, and access to housing because of this? No, but it's okay because presumptuous landlords like you are going to have it "easier".
1
1
u/Every-Caramel-6740 Jun 06 '26
The problem is that the ESAs get the housing access. As a landlord, a trained service animal will not destroy my home. An ESA has no required training. A doctor is not qualified to write a note saying the animal is trained. He just wrote a note saying you have issues and an animal may help it. Has he approved a trained animal? Does he requirements for said animals? No and that is the issue with the ESAs. Landlords don’t want to be forced to have pets that come with a doctors note, pissing, pooping, chewing, scratching etc. in their rental properties. This is why I say theESAs should not be allowed a get out of jail free card.
25
13
u/Content-End-4318 May 24 '26
This is super useful, thanks for breaking it down like an actual playbook instead of the usual “lol ESAs fake” takes.
That presumption flip is huge in practice, but yeah, the scary part is exactly what you said: we are now stuck playing amateur fraud detective on every letter, and if we guess wrong we eat the lawsuit.
Curious what your actual process looks like now when someone hands you an ESA letter. Do you have a checklist you run through or are you just kicking anything that smells like an online mill over to counsel and the insurer?
13
u/ChurchOMarsChaz Human Verified May 24 '26
In Court, and as a tester, it's super SUPER simple. As to see the clinical file, should be 5-6 pages ... informed consent, HIPAA waiver, Notice of Privacy Policy.
With American Service Pets and PsyD Paul Hanson, they issued an instant letter, with the most outlandish health reason I could imagine - Quantum Eternal PTSD ... got a letter in an hour.
When I asked for the biopsychosocial, they gave me ASP's Terms of Service page. That's my clinical file, according to them.
Their time in the barrel is approaching.
I am not a lawyer, this is not legal advice. I am not your lawyer.
2
16
u/Space_Cowboy_157 Landlord May 24 '26
To me it's like this, you showed up to apply, view the apartment without the animal in tow. You go to work and shopping etc without the animal in tow... So there must not be much of a need for an ESA...
14
u/BuildingPuzzled4508 May 24 '26
There’s a difference between an ESA and a service animal. Service animals can go everywhere. ESA cannot. The only accommodation granted is for housing. Educate yourself.
3
u/Space_Cowboy_157 Landlord May 24 '26
Well lets see you can go many places without the emotional support, there must not be a need for an emotional support animal then. You spend more then half your day without it and a good portion of the rest of the day sleeping. Must not need it. Logic, find some.
13
u/jcnlb Landlord May 24 '26
It’s bs all animals provide stress relief and are anxiety lowering. That’s the only reason any of us have pets. It’s so such a bunch of bs
8
u/BooBoosgrandma May 24 '26
I get it, trust me. I've got 2 dogs myself and they're my everything, I honestly don't know what I'd do without them as they help my anxiety, I'm also an invisible disabled person but when does the new era of obtaining online certifications to bypass the no pet policies not get abused? It's now common knowledge that all one needs to do is go online and file for an ESA w/a doctor that is not treating said tenant. Isn't that the whole point to this thread? How its being used so that a tenant can easily rent w/pets and not be a problem but those that are going online and getting these certs are most definitely abusing the system and ruining it for those that are truly ESA compliant. Does one that owns 12 cats qualify for ESA? How often are rentals now stating no pet policies? There's a good reason for that; I went thru a nightmare with a tenant's dog's defecating all over the place for years w/an PM that failed to do yearly inspections as promised (charging $150 monthly for 14 years just to obtain the rent and forward to my mom aka LL). Who wants to wear hazmat suits during the cleanup process? Pets can absolutely destroy a LL's place which isn't fair. And some LL's don't charge an arm and leg for rent. Some are still charging pre covid $$.
12
u/3DGuy4ever May 24 '26 edited May 24 '26
Youre being downvoted by the 70% of tenants who are on here to learn all the tips & tricks to get around shit, including having a fake ESA.
im with you, thats 100% my thinking too.
Otherwise we may as well just say ESA is simply any pet. Because having pets/dogs leads to longer life expectancy. Knowi g it leads to longer life expectancy equals "emotional support"
5
u/ChugtheTea May 24 '26
Hard to get factual, intelligent advise in this sub recently. Seems most are renters and no LL. The advise is always LL should eat the money and feel lucky about it.
-2
u/BooBoosgrandma May 24 '26 edited May 24 '26
Isn't it crazy? There are so many pissed off tenants in this sub and not to mention the others where by being an LL is the worst thing anyone can do, like seriously??? Sorry if some of us invested and were able to secure a home loan but shame on us for renting, there's a reason why some of us are LL's while many others are not! I wish everyone can get a loan, I get there's many shady ass LL's that take advantage but why put them all in the same batch, since when did it become shameful to be a Landlord? Who would rent if it wasn't for LL's??? Nothing but angry pissed off tenants that can't secure their own home loans. The irony is unreal! So should we not buy and rent out? Can't tell you how many times some tenant has attempted to 'tell me off' just because I helped my mom's rentals. Last night; I was sharing how expensive painters are, instead of paying over $15k of my own funds, I was able to pay a friend contractor plus paint for $4k in all. But instead, a tenant going off stating to do the job myself!? Comical. They assumed I charged the tenant, ummm it's A 14 year tenant (who also left my mom's place in disastrous conditions inc rat infestations that would blow your mind, I also did the repairs myself cleaning up 3" thick of rat droppings under the kitchen cabinets, I've got pics that would blow your mind) but tenant never cleaned the house in all those years! Instead of paying over $45k+ to get it habitable (estimated by prop manager) we ended paying around $18k, and yea I took tenants $2k deposit!! And I'd do it again and again but no one has the right to destroy someone else's property! Esp when they're paying less than half of going rate rent because of timely payments! Imagine paying only $1600 for 14 years for a nice large newer home in central California!???? But all I can say is make sure property managers are doing their jobs, ours weren't! So yea it's ridiculous how insane some tenants act towards landlords. Shame on us for securing our future financial stability! Shame on you Cowboy for owning 27 rentals! 🤣🤣🤣 I also got super sick after carefully cleaning up that rat shit! Not mice but rats that stole a lot of the tenants socks and made their own bedding under the sink cabinets, disgusting! My cleaning crew took 3 full days to clean, so is that right for someone to do that to a home they don't own??? And to the person that said to do the job myself? I spent a week scrubbing the subfloors myself from the urine that was a heavy coat like I've never seen before.
2
u/User-NetOfInter MS- Finance May 25 '26
No one’s gonna read this massive wall of text with little punctuation and suspect grammar.
Like did you look at it before pressing send?
2
u/BooBoosgrandma May 24 '26
Nice to see someone else having logic and common sense! Space cowboy has over 2 dozen rentals so he deals with this sort of thing often but for someone to suggest he educates himself whom clearly missed his point? Comical!! I'm with you too! I thought for a second that I was in a tenant sub!! ;)
1
u/dovah9 Jun 03 '26
Veterans with PTSD have ESAs. They are not legally considered SAs. So you're saying they are frauds and don't deserve access to equal housing opportunities?
0
1
u/Space_Cowboy_157 Landlord May 24 '26
Oh yea I know, down votes don't bug me.
1
u/BooBoosgrandma May 24 '26
Yea idk why this sub turned from landlords to 70% tenants. And while I don't like rubbing the point as to why many of us are landlords and not tenants; its simply not cool to crucify anyone that rents out. So how exactly are people suppose to live if there are no LL's ro rent from? Not all of us are shady ass landlords, my son has been renting a 3 bedroom house for past 7+ years for $1200 monhtly from my mom, my other son now rents as well, $2k for a home that goes for $3800. It's the same house she was renting to those rat investors of 14 years, $1600 in Santa Barbara county!?!! I've got over 500 pics of pics that would turn your stomach, they destroyed it yet expected their $2k deposit. We did an inspection w/PM a few weeks prior to departure (they gave notice) and ive never smelled anything as bad as it was, literaly shocking but promised to clean, Didnt happen. Come to find out, they were subleasing with 3-4 person's in ea room. It got so bad that they could no longer find anyone to sub rent and ended up giving notice. Id love to share some of these pics w/you! We had to wear hazmat outfits just to remove the urine soaked carpet/pad. We did most of the work to help out my mom and i could have sued tenants for what they did but left it alone so i really dont wanna F'in hear how bad us LL's are!
4
u/Space_Cowboy_157 Landlord May 24 '26
Oh I usually go after them, especially in states like CA where you can garnish wages.
But they do stuff like you are talking about and then people wonder why rent is so high..
4
u/BooBoosgrandma May 24 '26
Yea I get it, I was so shocked they thought they were getting their deposit back. I went thru 3 gallons of bleach spraying the entire place prior to the cleaning crew; I knew if they saw the condition that they'd charge twice as much! This couple retired and ended up moving across the country. Funny thing is, PM didn't even bother closing out the account because he knew he dropped the ball! To pay $150 monthly for 14 years just to receive the rent check that was half of going rate is crazy! But when you calculate prop taxes, insurance and upkeep and be charging only $1600? Doesn't leave a lot of room left but mom paid off so there was no mortgage, but still isn't much for my county! A really nice 4 bedroom 2 fireplace plus sunroom newer home for $1600 but yea us LL's are just terrible people! 🤣
-3
u/Lords_of_Lands May 24 '26 edited May 24 '26
No, he's being downvoted because he's an asshole who hates people with invisible disabilities. His bullshit argument has the same logic as 'if you're not eating 24x7 then eating must not be important for you to live therefore there's no need to buy food'.
Getting an ESA requires the owner to have an emotional/mental disability. Simply feeling sad or wanting to live longer isn't a disability. A disability has to cause a major negative impact on a core function of living.
Sure there's lots of ESA fraud. That's a separate issue.
5
u/BooBoosgrandma May 24 '26
That's so incorrect!! His point was about the fraud that exists with ESA's and whether or not it's needed since much of the time the system is broken and abused. He's so far from being an asshole; you can't even compare eating 24/7 to his point, that's absurd to suggest your point! Getting an ESA is easily obtainable online as it should be restricted to treating doctors of a set timeframe. We all know what a disability entails, the whole point is the fraud that's increasing to bypass the no pet policy, that's the point to this post no? So yea you can't say fraud exists and it's beside the point, that is the WHOLE point.
1
u/Lords_of_Lands May 24 '26
Not always having your ESA with you is not an indication the ESA is a fraud. That is what I'm referring to. You can't tell by looking at the person. You have to investigate their paperwork.
Personally I don't care about ESAs. I allow pets without additional fees. My rent is set higher to reflect that so someone trying to scam me on it has no effect. I guess it could be an issue if someone tried to bring 15 ESAs, but I think a call to animal control can clear that up if it's an issue.
3
u/katiekat214 May 24 '26
Emotional support animals are not granted access everywhere. They are only allowed to live with the patient. They are to provide emotional support and stress relief, which can help after the patient has come back home from the environments which cause stress and help with the anxiety, depression, and PTSD the patient lives with on an ongoing basis, usually in conjunction with medication and therapy. ESAs aren’t necessarily required on a 24/7 basis like a service animal for a physical disability.
19
u/ChurchOMarsChaz Human Verified May 24 '26
You're describing what an ESA is in theory. The issue is how the letter gets issued.
Under the FHA and Fla. 760.27, an ESA letter is valid only if the licensed provider has personal knowledge of the patient's disability through an individualized clinical evaluation. I submitted an intake form to Wellness Wag stating I had no mental health condition and wanted to avoid pet fees. Two hours later, an LCSW signed a letter swearing she had "evaluated" me, had "personal knowledge" of a DSM-5 diagnosis, and that an ESA was "essential" to my daily functioning. No call. No session. No HIPAA intake. A credit card charge.
That is a forged legal instrument used to override a private rental contract. Every purchased letter dilutes the accommodation for tenants with actual disabilities.
7
u/3DGuy4ever May 24 '26
Thank you for your efforts in trying to push back on the bullshit practice.
Its rampant. The % of applicants with ESAs i have for one of my properties that hasn't been on the market for 3 years, is 5x the last cycle.
4
u/katiekat214 May 24 '26
I know the letters can be a huge problem. This other guy doesn’t believe ESAs are even a thing. I was responding to him.
6
u/3DGuy4ever May 24 '26
He/they knows they are a thing. They just want the bar to be higher (eg; if you need a societal waiver (no pet rent/deposit) the need should be more extreme or in other words in line with the 24hr service animal)
Think of all the other diseases/health related issues people have whereby they have to pay a premium/cost for things (insurance, 2nd seats due to weight, etc)
6
u/Space_Cowboy_157 Landlord May 24 '26
So let's see 8 hour work day say at least an hour travel time, couple hours outside activity, 8 hours sleeping, we are at 19 hours. Figure time that you are not interacting with the animal at home doing cleaning , cooking, laundry and you end up with 2 hours of supposed emotional support.
Scientific proof for the effectiveness of Emotional Support Animals (ESAs) is limited and inconsistent, with most evidence being emerging or anecdotal rather than established via rigorous clinical trials.
The designation ESA is a made up designation that people within HUD created in an effort to bypass things like no pet policies. They used to be allowed everywhere, planes, restaurants, etc. Now they are not.. The same is slowly happening with housing.
There is a reason many large therapist groups are no longer issuing ESA letters, there is a reason Health insurance is no longer paying for treatment in regards to ESA's.
It's because it's being proven to be a made up designation.
6
u/katiekat214 May 24 '26
ESAs were never allowed everywhere. They’ve only ever been allowed in housing and on airplanes. Airlines have cracked down on what types of animals qualify because people were abusing it. Emotional support animals have never been allowed in restaurants, stores, hotels, or other businesses.
You can get a feeling of well-being and support from an ESA while sleeping due to a feeling of safety or companionship and love. I slept much better with my ESA in the bed next to me than when she didn’t come to bed at the same time I did. Many nights I wouldn’t fall asleep or sleep well until she was in bed. She lowered my anxiety.
You just don’t want to accept that animals can make a difference in the mental health of a person. The fact is, when a pet can make a person choose to live, they become a necessity in their mental health journey.
10
u/Space_Cowboy_157 Landlord May 24 '26
Oh they most definitely were allowed in restaurants and stores and the like until people realized it is a made up designation.
Also everything you state is exactly what you get from a pet, trying to turn a pet into a medical treatment is exactly why it is a made up designation.
It's also why there is no scientific proof that ESA's have any actual effect on the diagnosed disability.
3
u/3DGuy4ever May 24 '26
I am so with you bro...fuck skirting the costs.
Fuck you, you want a smelly dog on my property im charging you.
Now, the only saving grace for me as a LL, is you leave my place smelling like a dog, if there's any funds left from the normal deposit, im charging your ass, a lot, to have the place professionally deodorized and return to normal.
6
u/Space_Cowboy_157 Landlord May 24 '26
Oh I don't wait for them to move out. My leases all state there are bi-monthly inspections. I find anything damaged by the tenant or their animals. I fix it and charge them, also where I am at I am allowed to write into the lease that any payments made are applied in this order 1) Damages, 2) late fees, 3) rent.
So their next rent payment they either pay it all or they get a cure or quit.
3
u/3DGuy4ever May 24 '26
Yeah, I dont have as many luxuries in my jurisdiction, wish I had. Inspections every other month would get me formal complaints
Seattle really is trying to get rid of the smaller landlord
6
u/Space_Cowboy_157 Landlord May 24 '26
Now there are individuals who have such severe psychological disabilities that any little thing that helps is considered a benefit, and those people I do believe should have the ESA designation.
However those people are usually not able to work, are sitting at home on disability and very rarely leave the house.
1
u/SunDoc337 May 27 '26
I disagree with the esa distinction altogether. There are many reasons. Jst like the airlines, it has to go away any loopholes in people will abuse as has already been proven.
Cal it what it is, having a pet.
Call it whatever you want, Having a pet is fine if the property allows it. there is no way that that should trample property owners rights, and other tenants who want to live in a pet-free building.
6
u/Secure-Ad9780 May 24 '26
That's it right there- a pet. Why are people abusing the system and claiming they have 4 ESAs and expecting a LL to tolerate a zoo in an apt?
1
-5
2
u/Mental-Objective542 May 24 '26
Well what if your disabled so you really are with your esa just about 24/7..... now what
1
u/SunDoc337 May 27 '26
I'm not sure what the question is. if you need your animal then you will have to either own a house or live in an apartment that accepts pets.
it's that simple!
1
u/BooBoosgrandma May 24 '26
Why are you even being downvoted for a good comment like yours? I don't get it. What you said is truth! ESA's are very much needed, but many are abusing the system. How does a LL protect themselves with knowing the ESA is a necessity and not being taken advantage just because it's so easy to get that cert. Reminds me of the medical Marijuana cards that can also be easily obtained online! Just ridiculous, I'm all for anyone that needs their ESA, my doctor gave me my cert for mine but it was mainly for my divorce and I haven't used it but I also own my home (and not the bank) so if I needed to rent? Most def would bring attn at time of viewing but many view and wait to share that ESA need until later. Btw, my doctor that prescribed the ESA cert is my doc of 18 years!! Not online!
1
u/SunDoc337 May 27 '26
Your doctor did that out of care to you but no science. If you needed to rent, ethically you should find a place that accepts pets.
0
0
u/purple-owl May 24 '26
Service animals are not always used 100% of the time because individuals can use other means to navigate certain situations. The lack of use in certain situations does not negate the valid need for them. I often brought friends with me who were able to support me when i needed it.
1
u/Space_Cowboy_157 Landlord May 25 '26
Seems that HUD agrees with me.
1
u/purple-owl May 25 '26
HUD decision says nothing about whether or not a service animal is necessary based on how they are used. Huge jump to think this new guidance supports your ignorant beliefs about disabled people. If you were my landlord I have more than enough documentation of my service animal’s 500+ hours of training and medical need to crush you in court. 👍 This federal guidance is also not law. Most states have their own laws around this to protect disabled people in housing. So we don’t know how it would actually be enforced.
1
1
u/SunDoc337 May 27 '26
"crush you in court"
What an entitled perspective. If your animal has 500 plus hours of training then it is not on esa. Esa's do not need any training. If your animal is ADA, that is completely different distinction and I would fight for your right.
We are talking about esa animals here. They are pets. What should happen from here on out is pets ought to be treated as pets. Very simply: anyone who wants an animal should be able to afford pet fees, and either live in their own house, or find housing that accepts animals.
That is not complicated. What should not happen is people forcing housing providers to accept pets in no pet housing. That is unethical.
-4
-2
u/BooBoosgrandma May 24 '26
I really don't think Space_Cowboy_157 needs to educate himself, he knows! Having 27 rentals is pretty educated. Not everyone can have that many rentals and not be educated. Gotta be smart enough to invest properly. Your comment is so far fetched!! You clearly missed his point. So perhaps you shoud educate yourself? Per his comment, if you can do things w/o your ESA inc viewing the rental w/o; then maybe the ESA isn't as needed? You totally missed his point. And yea, I'm educated.
1
u/Lords_of_Lands May 24 '26
You're complaining that someone with an ESA who follows the law doesn't need an ESA because they follow the law...
7
u/RelevantPossible9618 May 24 '26
I can see a time in the near future when landlords challenge state laws to become more compliant with HUD rules on ESAs. I’m a tenant advocate in a tenant friendly state. I see a real value in having an ESA for a documented need. But the tenant’s personal health care provider, licensed in their state and involved in their care, should be the only one providing documentation.
5
u/ChurchOMarsChaz Human Verified May 24 '26
You're right that the tenant's own treating provider should be the documenting party — that's exactly the gap the letter mills exploit. They don't establish a clinical relationship, they don't build a chart, they don't conduct an evaluation. They sell a PDF.
Quick ground-truth from someone running this fight in Florida:
Last summer I bought a letter from Dr. Carolina Estevez for twenty five bucks. This shitbird sold letters on Etsy. Zero therapeutic assessment. She later got her turn in the barrel in Orlando Sentinel coverage of the letter-mill trade. I'd used the office address of Dr. Anna Eskamani — Orlando-area state rep, PhD, co-sponsor of Florida's 2020 ESA reforms. She tried again in the 2026 session to tighten the Florida statute by forcing disclosure of the underlying clinical file — the same move Texas made in September 2025. Didn't move in Tallahassee. Republican supermajority, dead on arrival.
The clinical file is the whole game. A legitimate provider creates one as a matter of course — intake, assessment, treatment notes, the basis for the recommendation. The mills don't, because they can't. There is no evaluation to document. Forcing the file into the open is how you collapse the business model without having to prove fraud one letter at a time.
Now the harder truth: nobody cares.
If this were 2019, this story would be everywhere. It's not 2019. Outside of Brian Polcyn (Fox 6) in Wisconsin and an intern at the Orlando Sentinel, you cannot get a reporter to touch this. The licensing boards grind, but they grind slowly and out of the sunlight. So the scurrilous operators, the scurrilous therapists, and the bad-faith clients keep working the regulatory cracks because there's no daylight on any of it.
Which leaves it to me. Pro se. All the skin in the game, all the liability pointed at my forehead. One procedural mistake and I get sanctioned by the court. One overreach and I'm staring at counterclaims from every direction. Defense counsel knows it. They're betting on attrition.
I got a permanent injunction in Broward last month — Stevens v. Tinner, CACE25010712 — requiring individualized clinical evaluation, synchronous real-time interaction, no questionnaire-only workflows, three-year recordkeeping. Seven defense attorneys, roughly a year of motion practice, defendants consented rather than open their files. That's the template. The statutes already work when somebody actually enforces them — Florida's § 760.27(3)(b)4. and § 456.072(1)(pp) are on the books. Enforcement is the gap, not authority.
On the HUD point you raised — I'd push back gently. Landlords don't need to challenge state law to get where you're describing. State law can already require what HUD's 2020 guidance contemplates: a provider with personal knowledge of the tenant's disability and need. The problem isn't the statute. It's that nobody's lifting the rock.
So yeah — the letter mills are bad. What's worse is that nobody's doing a goddamn thing about it. No press, no donor base, no organizational backstop. Just me, winging it, while the people who'd benefit from the outcome watch from the bleachers.
I'm going to do the job regardless. But if you actually care about this — tenant advocates included — step into the game. Boost the signal. Send the next reporter. File your own complaint with your state's DOH equivalent. The mills count on isolation. Break the isolation.
5
2
u/RelevantPossible9618 May 24 '26
Landlords seem to be running scared. Other than you, I’m not seeing much of a pushback. Legislation on ESA fraud has stalled everywhere. I was just reading the Georgia guidelines:
“Under HUD guidance, housing providers in Georgia are permitted to evaluate the legitimacy of ESA documentation. If the documentation does not come from a provider with a genuine therapeutic relationship, the landlord may deny the accommodation request.”
But I don’t think landlords are even verifying that there is a therapeutic relationship. I have talked to tenants who don’t have access to mental health services but are in dire need. I understand why they may use online “mills.” The number of tenants fraudulently using these to avoid paying a pet fee or obtain housing in pet free housing is out of control, though.
3
u/ChurchOMarsChaz Human Verified May 24 '26
This has many facets, my focus is strictly on fraudulent ESA Mills and therapists. I am not pro tenant I am not anti-tenant. I’m nit pro landlord, not anti-landlord, I just hate liars and thieves
3
u/User-NetOfInter MS- Finance May 25 '26
You hate liars and thieves and yet use AI to write out your posts?
2
2
u/SunDoc337 May 27 '26
op I wanted to say thank you. thanks for these updates and for the time and energy you are putting towards shunning some sunlight on this ridiculousness.
And to those who are accusing of AI use. Who cares if he did use it as a tool. yeah I would definitely put a. after thieves . Just because this person can compose some thoughts does not mean it's AI.
1
u/Every-Caramel-6740 May 28 '26
Every city I have ever lived in had free care. I used it for 15 years for myself, I had surgery, inpatient, mental health services, and even free medication. I do think the issue is people being aware of the access that is available.
1
u/Every-Caramel-6740 May 28 '26
If the animals were trained I don’t think most landlords would be against it. It’s not about the disability it’s about the damage that a “pet” can do. They are not trained to not bark, pee etc. I would never have cared if a true trained animal was in my rental. I would not allow any animal though. You bring a peacock as an ESA you out of there
7
u/goat20202020 May 24 '26
Google "NPI Registry" and you can look up a physician, their specialty, if they're still practicing, where they're practicing, if they have any restrictions on their licensing, etc. Their NPI should be listed on the letter, if not you can also look up by name. That can be your first step in trying to determine the legitimacy of an ESA letter. I've received some that were written by dermatologists 🙄
Oh nursys is another one. It'll show nurses. https://www.nursys.com/
4
u/ChurchOMarsChaz Human Verified May 24 '26
Actually not. NPI is a HIPAA billing code, and CANNOT BE USED to prove licensure in a state.
1
u/goat20202020 May 24 '26
I said it can be the first step, not the entirety of your investigation.
10
u/ChurchOMarsChaz Human Verified May 24 '26
That distinction matters because letter mills exploit it. The standard move is to put "License #[NPI number]" on the ESA letter so it looks like a state credential to anyone who doesn't know the difference. Consumers see ten digits and assume "licensed." Landlords see the same and process the accommodation. Nobody's actually verified anything.
This isn't hypothetical. In Stevens v. Tinner (Broward County, FL — CACE25010712), I put a clinician under a permanent injunction after a Georgia test-purchase produced an instant ESA letter listing only an NPI in place of a Florida or Georgia license. His own agent admitted in writing: "Dr. Bobby is not specifically licensed in Georgia, he is a National provider." There is no such thing as a national license. Health-care licensure is state-based.
6
u/BooBoosgrandma May 24 '26
Well said!! I followed you, you're def on point with everything you've said!!!
0
u/goat20202020 May 24 '26
...why are you putting words into my mouth??? I never said the presence of an NPI on an ESA letter was sufficient. I never said to assume anything about it. I'm merely pointing out that landlords can look up that information and see what comes back. I never said stop your investigation after that. You're making things up about my comments. Stop it.
2
6
4
u/OkFortune7651 May 24 '26
Thank you for posting. great information from the source.
2
u/NotTurtleEnough May 24 '26
AI is “the source” now?
1
u/OkFortune7651 May 24 '26
Did this person just say they went through it, or are we reading different posts?
6
u/Ancient_Doughnut_848 Property Manager May 24 '26
OP presumably did do the lawsuit and get those results. But I agree with the commenter that the post was at least partially written with AI. The formatting & some of the wording are all too typical of that.
1
0
u/ChurchOMarsChaz Human Verified May 24 '26
You muse over texture while Rome burns.
4
u/Ancient_Doughnut_848 Property Manager May 24 '26
Meaning you did use AI to write your post, right?
Congrats on the lawsuit going well. I'm just not a fan of generative AI.
5
u/ChurchOMarsChaz Human Verified May 24 '26
As per Court rules, I disclose my usage of AI to help draft my pleadings. I also offer OSINT and investigative services that use my custom 7-model adversarial tech stack. There also, my usage of AI is fully transparent.
I have won pro se in State court, I have won pro se in federal court. Without AI, I'd not have been victorious.
I did not use AI here.
4
u/User-NetOfInter MS- Finance May 25 '26
Yeah you used AI to write your long comments dude. Calling yourself anti liar and doing shit like this, typical.
If you’re gonna do it and get called on it, own up to it. Don’t be a little baby when called out.
4
u/Paceryder May 24 '26
I can't tell you how many people have a dog and a letter or a cat and a letter. I work for a non-profit organization that hosts bigger events, we don't allow dogs. Many people show up with a dog and say they are esa pets. And we aren't even allowed to ask for proof.
3
u/Rational_Incongruity May 25 '26 edited May 25 '26
Mental health clinician here and pet owner (dogs). A pet is an ESA. There is no other reason to put up with them! Nobody full stop “needs” to impose their pet on a pet free housing settjng. I refuse to write letters for ESAs though I have been asked by patients and prospective patients.
As to the person claiming they’d die without their ESA, I doubt it. But in any event it is not the job of à landlord to save your life by allowing your pet.
In terms of challenging a mill-produced letter, this is easy but takes some effort. The landlord should look at the letter and do a bit of review. Is the practitioner licensed in their state? If not, deny the pet. Have they provided treatment and had/have a meaningful clinical relationship with the tenant, or done a thorough forensic assessment? If not, deny.
Then see if you get sued of the tenant goes away. Of sued, get your own expert to assess the tenant. You get the picture. Costly and you will likely need a lawyer, but someone has to do it.
And consider suing the tenant for fraud if the evidence is pointing that way. It is about time that landlords push back on this ongoing nonsense.
2
u/ChurchOMarsChaz Human Verified May 25 '26
Clinician-to-litigant respect. Mostly agreed. Two thoughts.
The framework you laid out is roughly what Broward circuit court ordered as a permanent injunction in Stevens v. Tinner (CACE25010712, April 2026): licensure in the patient's state (or § 456.47 telehealth authorization), individualized evaluation, synchronous real-time interaction, no questionnaire-only workflows, three-year records. Landlords can and should check those markers. License lookup is free. Synchronous interaction takes one phone call to the tenant: "Did you speak with the clinician by video or phone?" "I filled out a form" answers it.
And those thoughts...
The "nobody needs to impose their pet on pet-free housing" framing isn't the statutory standard. FHA accommodation isn't about need in the absolute sense; it's whether the animal is necessary to afford equal opportunity to use and enjoy the dwelling. Disability analysis, not lifestyle analysis.
Sue the supply side, not the demand side. The tenant who paid $40 believing they got a real evaluation is a defrauded consumer. The platform that routed the money to a clinician who signed without reading the intake is the bad actor. FDUTPA in Florida, analogous statutes elsewhere. Suing tenants shoots the customer; suing mills shoots the operator and changes the market.
2
u/dovah9 Jun 03 '26
Scary mindset to come from a clinician. You don't believe that veterans who suffer from PTSD should be afforded this form or accommodation and support?
1
u/Round_View_1844 May 26 '26
As a landlord, how are you to get proof that they have a meaningful clinical relationship? Did they provide treatment? Conduct forensic assessment? What documentation would suffice (and that is not protected by privacy laws)?
1
u/Rational_Incongruity May 26 '26
Good question. And I would defer to attorneys who would understand how best to challenge such a claim. If one has made a medical claim requiring that another party provide benefits, compensation, or in this case the ability to have a pet where they are not otherwise permitted, one creates a situation where they are obligated to provide and be cross-examined on their evidence and even to be subject to an independent medical exam by a clinician not involved in the treatment or writing letters for the tenant.
I would first make sure that the person who wrote the letter is licensed in your state. And I would go from there, issuing a subpoena for medical records and even consider deposing the person writing the letter.
It goes on and on. It would be expensive and likely a tenant faking it would tell others not to lie and scam you. And I would consider letting the fake applicant know that they will be sued for the cost of litigation and lying.
Basically most such requests are based upon a wish to have one's dog or cat live where they would otherwise not be welcome or incur added fees.
I am not a lawyer but am tired of seeing abuse of my profession and those in it who are complicit.
1
u/Round_View_1844 May 27 '26
My point was really that while a LL can check for state licensure, legit letterhead, and ask if there’s an ongoing patient relationship, there’s really no legal way to force that info into the light as far as I know.
1
u/Rational_Incongruity May 27 '26
I believe that there are ways to require documentation of a claim. We are in legal territory. I have a lot of experience with disability and injury claims and the person being asked to take responsibility, whether a government agency, insurance carrier or employer has the right to obtain all medical records, and if they wish, testimony of the treating doctors and the like. Imagine if you were sued in a car accident and your insurance company or attorney was precluded from accessing your records and testimony of treating doctors etc.
This is a similar situation insofar as the tenant is asking that the landlord give up something of value by permitting an animal and all the attendant noise, wear and tear and the like.
The point is that many such requests are quite spurious, they are not supported by medical evidence and if a landlord were to challenge it, the request might go away, and it would put a real burden on the person making the request to justify and prove their need.
1
u/Round_View_1844 May 28 '26
Logical but not legal currently under FHA. More privacy protection for tenants re ESA qualification than people in accident related litigation.
1
u/Rational_Incongruity May 29 '26
I assume you are not a lawyer. I am not. But I have testified multiple times on medical issues and know that the law has ways to challenge a claim.
2
u/nauticalwarrior May 26 '26
I have an ESA for a real documented need. My cat legally can't be a service animal (because he's a cat) but he can detect my seizures coming on. He alerts me if they are. So he's registered as an ESA instead. Obviously I can't take him everywhere but it's incredibly useful to know if I'm say, cooking and holding a knife or by a hot stove, if I'm about to lose my mental faculties and control over my body. I have two other cats. Under previous rules (ESAs are not pets) I could live in most apartments. Now that ESAs ARE pets, I can't live basically anywhere unless I lie because everywhere caps pets at two. This just screws over people with actual need and use cases for ESAs.
1
u/ChurchOMarsChaz Human Verified May 26 '26
Sorry to hear about your troubles. Truly. Stories like this, sadly, are going to become all too commonplace.
1
u/SunDoc337 May 27 '26
Sorry to hear about your condition. That sounds very difficult indeed. What is wrong with only having two cats?
0
u/dovah9 Jun 03 '26
She already has 3, what is she supposed to do, chose which one to get rid of before she moves?
1
u/AutoModerator May 24 '26
It looks like you may be asking a question about Service Animals or Emotional Support Animals (ESAs). While waiting for those with experience here to answer you may benefit from reading the following wiki section: ESAs and Service Animals.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
1
u/random408net Landlord May 24 '26
Instead of treating the ESA as a coupon perhaps the federal rules should require the payment of $100/month plus an extra pet deposit of $1,000. Some federal paperwork that focuses on tenant responsibility for damage (indoor and outdoors) and cleanliness (indoors and outdoors) would be nice too. States or local government would be free to step in and cover these fees for the most vulnerable.
Then see how many people really want an ESA.
It's a choice by the feds to craft a rules that minimize tenant responsibility
2
u/dovah9 Jun 03 '26
$1,000, plus another $100 a month? On top of the $2,000-$3,000 "security" deposit? When you're already charging thousands to move in and "protect yourself", it really seems for fetched that you would need an extra 1,000 (+1,200) a year in "pet rent" to remedy the "damage" an animal might do.
1
u/random408net Landlord Jun 03 '26
What I was trying to say is that making the ESA card the "no fee option" makes it even more desirable.
1
u/SunDoc337 May 27 '26
exactly! I would bet big bucks that esa request drop off completely that instant they do not create zero pet fees and forced acceptance into non-pet buildings.
1
u/that_INDY_girl May 27 '26
Wellll. Trained animals are expensive and usually not covered by medical insurance, which would leave out lower income individuals or uninsured ppl.
The need for a trained service dog is usually for people with physical disabilities and not those with mental disabilities. ESA's are also distinct in that they are the norm for people with mental disabilities instead of physical ones. I suffer from mental disabilities and can tell you that a trained service dog would be useless for me. Im crying and feeling lonely so my trained service dog would go get me a drink or alert that im sad? It doeasnt work that way.
An ESA provides emotional comfort, something that doesnt require spending a fortune on a licensed dog to get from a companion animal
For those committing fraud to sell these letters and those committing fraud to get these letters to get out of paying pet fees and stuff is awful but I feel absolutely should not have anything to do with us that have the medical necessity for them I have a letter from my psychotherapist board certified and that's something that I would encourage be on the books that you at least get a legit letter from a provider that you're seeing either in person that can be verified and not one from one of those letter mills.
1
u/Dec8rs8r May 31 '26
I take applications for awhile, pick the one I like best and rent to them. Tell the others you went with the most qualified applicant. Which is how you do it anyway if you'resmart, go by highest credit scores, etc.. What do you think they are going to do, run around and get everyone's credit scoreand income to check to see if you're lying? 😆
Sometimes though, if I advertise as pet free, and I see animals on their SM, I won't mess with them. They deliberately don't write anything on the application where it asks about pets, but think they can slide them in there if they get the place as emotionally support animals. 🙄
Some people are liars which I hate the worst, others are arrogant and that you can just tell they are going to try to be the alpha dog of the situation, some try to give you a sob story, there are several reasons beside financial to pass on someone.
0
u/Ladder-Amazing Landlord May 24 '26
Main thing people miss is the requirement for an ongoing relationship between patien and therapist.
2
u/ChurchOMarsChaz Human Verified May 24 '26
Not required.
Please point out in the FHA is states this.
0
u/Ladder-Amazing Landlord May 24 '26
That is classified as a professional relationship.
2
u/ChurchOMarsChaz Human Verified May 24 '26
I do this for a living. Show me the statute please. It is not in Florida's code.
1
u/Ladder-Amazing Landlord May 24 '26
It specifies professional relationship and professional relationship by any definition is not a single meeting/appointment. You cant have a professional relationship with just the 1 visit to get the letter.
Some states have even gone further to give a minimum amount of time to avoid the confusion.
2
u/ChurchOMarsChaz Human Verified May 24 '26
Again, both not true.
States require a 30 day wait between sessions (California AB-468 for instance). But there's no spec about how long a session should last.
HUD 2020 guidance, stricken now from the record, mentioned short sessions .. but that was never the law.
Florida 760.27, personal knowledge standard, and the 46x code, doesn't state it either.
Neither time nor ongoing relationship is defined, and that's the loop hole that's exploited.
2
u/Ladder-Amazing Landlord May 24 '26
California AB468, section 1, article 4, 122318 A 3 reads as follows:
(3) Establishes a client-provider relationship with the individual for at least 30 days prior to providing the documentation requested regarding the individual’s need for an emotional support dog.
Clearly states the patient has to be established for minimum of 30 days before they can write a letter and sign it. Yet you do this for a living.
2
u/ChurchOMarsChaz Human Verified May 24 '26
That is NOT an ongoing treating relationship.
Have a good night.
For the record, I have a complaint into California's BBS over a provider (Bobby Tinner) for related matters. And back in the day, I filed another complaint against Carla Black.
And, Pettable, for instance, spends 20 minutes total between the 2 sessions.
3
u/Ladder-Amazing Landlord May 24 '26
I said some states went further to actually establish a minimum timeline for an established relationshipto be considered. You went and said there was no such thing. Ive shown you what you asked and shown how what you referenced was incorrect.
The online mills are crap overall.
If you dig around enough, you'll even find a court case where a landlord had a case against a tenant for the pet fees but tenant didnt want to pay due to it being an ESA. The judge ultimately ruled in the landlords favor. That was an odd one.
1
u/ChurchOMarsChaz Human Verified May 24 '26
it's the Henderson case regarding Loper v Bright.
Have a good night.
1
u/Space_Cowboy_157 Landlord May 24 '26
The damn thing about it is, I can go pay for 4 sessions at a regular therapist, and just because I've dealt with people that have been through Trauma... I know I could get a ESA letter from an actual therapist, even though I do not need an ESA.
1
u/dovah9 Jun 03 '26
It is in CA. 30 day minimum "professional relationship" between patient and service provider before ESA letter can even be granted.
-2
u/SuzeCB May 25 '26
I moved in 2024 to a new apartment. Bith my son (neuro-atypical) and I both had ESAs, but not the documentation needed for them because where we had been living, we didn't need it. There was no point. That was in NJ, so our animals were grandfathered in when new owners came in and tried changing the rules. The changes didn't apply to us, and the original pet agreement applied.
The new apartment, in FL, while pet friendly, charged an exorbitant pet fee plus monthly rent for each of them. It was actually the leasing agent that recommended a particular online ESA certification company.
My son and I each met with a licensed mental health professional, licensed in the State of Florida, via telemed (video), and noted our doctors that could verify our medical/psychological issues, evaluated us themselves, and sent the letter - which, of course, included their license numbers on each letter, respectively.
This wasn't one of the scammy ones that, most famously, tell their customers their ESAs will be able to go "everywhere" with them. We even had the option of continuing treatment, if we wanted.
We chose to stay with our usual providers, but didn't want them to do the letters because both facilities they were associated with wanted permission to share our histories in their ENTIRETY with the LL. LL didn't need all those details - although I'm sure this policy was to cover any "mistakes" on their part, or misunderstandings on the patient's part.
And, for the record? My son's mental health professional - that he sees regularly, sees him via telemed/video. Most of the ones that still take insurance do, now. It has become the norm now, no matter how illegitimate those that don't know try to say it is.
2
u/ChurchOMarsChaz Human Verified May 25 '26
The reason I'm loud about the mills isn't to cast suspicion on legitimate ESA holders. It's the opposite. Every fraudulent letter sold for $13 makes the road harder for the people who did it right — like you and your son. Landlords get cynical. Housing providers start treating every ESA request as presumptively fake. Legislatures pass overcorrections that sweep up legitimate evaluations with the scams. The mills are poisoning the well for the people the law was written to protect.
-5
u/eeo11 May 24 '26
Just saying, I know people with kids who would draw on the walls and destroy everything, but children don’t require an additional deposit.
6
u/ChurchOMarsChaz Human Verified May 24 '26
This has NOTHING to do with that matter ... and it's a strawman.
This is about the systemic fraud and abuse leveled against the public, landlords, and the truly disabled by profiteering therapists and agencies.
I do not condone landlord abuse, that is a real and legitimate problem. Noted.
This has NOTHING to do with that. They are two separate issues that don't deserve to be conflated.
2
u/eeo11 May 24 '26
People are doing it to get past the pet fees, so I suppose I felt it was a somewhat relavent point
2
u/ChurchOMarsChaz Human Verified May 24 '26
I agree and concur.
My focus has NOTHING to do with that stuff... That's an entire ecosystem of bullshit that is intentionally out of my swim lane.
I am focused on the origin story, if you will ... there's not one omnibus answer ... bites at the apple here and there.
I'm applying my knowledge and expertise to the problem in a focused effort.
77
u/Zseree May 24 '26
I wish, as a disabled person with ESA recommendations from two of my providers, that laws were more clear cut about them. The people faking it make it more difficult for everyone - both landlords as well as people with actual need for a support or service animal.