The Emotional Support Animal Loophole: Rights, Abuses, and Reform

Let’s get one thing straight: emotional support animals save lives. But the system that governs them is full of loopholes, fraud, and bad faith actors and it’s hurting both animals and the people who truly need them.

At LAW, we see the ripple effects of this broken system every day. Landlords weaponize fake ESA abuse to ban all pets. Courts get jaded. Judges roll their eyes. And in the middle of it all, real people with real needs and real animals, lose out.

What’s the law say?

Under the Fair Housing Act, people with disabilities can request reasonable accommodation for an emotional support animal — even if the building has a no-pets policy.

Unlike service animals under the ADA, ESAs don’t need formal training. They just need to be prescribed by a licensed health care provider.

Landlords can ask for documentation, but not detailed medical records.

Where the system is breaking:

• Online registries. For $79, anyone can buy an “ESA certificate” — no evaluation, no diagnosis, no oversight. These are often fake and easily challenged in court.

• Fake vests, fake ID cards, fake drama. This performative nonsense undermines legitimate ESA owners.

• Lack of legal enforcement. There is no real penalty for misrepresenting an animal as an ESA — and no solid mechanism to challenge obviously fraudulent claims.

What happens when the system is abused?

• Tenants with genuine ESAs get lumped in with frauds.

• Landlords preemptively ban pets, citing “abuse of the system.”

• Legislators overcorrect, proposing bans on all ESAs that aren't service animals.

Where LAW stands:

We advocate for stronger ESA standards that protect both people and animals:

• Verification from licensed professionals only, no for-profit registries.

• Penalties for false ESA claims.

• Enforcement mechanisms for legitimate ESA owners facing discrimination.

• Legal protections for animals misused or discarded after “fake” ESA designations are challenged.

Here’s the truth: the people who exploit ESA laws don’t just scam the system. They leave a trail of damaged trust, discarded animals, and stigma that hurts the very individuals these laws were designed to protect.

LAW will keep pushing for real reform and defending the people and pets caught in the crossfire until it happens.