The recent case of Olsen v. Belton, No. 23-30829 (5th Cir. Mar. 10, 2025) serves as a stark warning to landlords: failing to provide reasonable accommodations for emotional support animals (ESAs) can result in serious legal repercussions under the Fair Housing Act (FHA).

Olsen v. Belton: How Denying an ESA Led to a Landlord’s Legal Defeat

In Olsen v. Belton, the plaintiffs, Clifford Osborne and Deborah Olsen, rented a home from their landlord, Kevin Belton. The lease had a strict no-pet policy. However, when Osborne provided a letter from his physician stating that he required an emotional support animal due to mental health challenges, Belton refused to acknowledge it. Instead of accommodating the ESA, Belton allegedly took extreme actions, including removing the dog from the property and abandoning it in another town.

Despite Osborne’s repeated attempts to provide documentation of his need for the ESA, Belton not only refused to accept it but also initiated eviction proceedings against the tenants. As a result, Osborne and Olsen were evicted from the rental property.

The tenants later sued under the Fair Housing Act (FHA) and Louisiana Equal Housing Opportunity Act (LEHOA) for disability discrimination. After failing to respond adequately in court, Belton lost on summary judgment and subsequently lost his appeals, solidifying the court’s stance on ESA accommodations.

5 Critical Lessons for Landlords on Emotional Support Animals & the FHA

1. Emotional Support Animals Are Not Pets

Landlords should understand that under the FHA, emotional support animals are considered a reasonable accommodation for tenants with disabilities, not simply pets. Emotional support animals are, legally speaking, a prescription medication. A no-pet policy does not exempt landlords from the obligation to comply with disability accommodation laws.

2. You Cannot Ignore Medical Documentation

If a tenant provides a valid letter from a licensed medical professional, who has personal knowledge of the tenant’s condition and need for an ESA, stating that the tenant requires an ESA due to a disability, a landlord must consider the request in good faith. Unless the request for the accommodation causes an undue financial or administrative burden on the landlord, the landlord must approve the accommodation request. In Olsen v. Belton, the landlord’s refusal to even accept or acknowledge the letter was a critical factor in his legal defeat.

3. Evicting a Tenant for Needing an ESA Can Be Considered Retaliation

Attempting to remove a tenant or retaliate against them after they request an ESA can be a violation of the FHA, as well as state law prohibiting retaliation. See our article on retaliation. In this case, Belton’s eviction of the tenants after they requested an ESA further demonstrated discriminatory intent.

4. Failure to Accommodate Can Lead to Severe Legal Consequences

The court’s ruling in Olsen v. Belton reaffirmed that landlords must comply with FHA guidelines regarding disability accommodations. If a landlord denies a tenant’s request for an ESA without a valid legal reason, they may face lawsuits, fines, and court-ordered damages.

5. Exemptions Are Limited

While there are some exemptions under the FHA, such as for owner-occupied buildings with four or fewer units, landlords should not assume they are exempt without verifying the law. In Olsen v. Belton, the landlord did not raise the exemption as an affirmative defense but rather attempted to argue in his post-judgment motions for relief that the trial court didn’t have jurisdiction. The appellate court rejected the landlord’s too-late argument.

Best Practices for Landlords Handling ESA Requests

To avoid legal pitfalls like those in Olsen v. Belton, landlords should follow these practices:

✅ Educate Yourself on the FHA and ESA Laws

Understand that emotional support animals are protected accommodations under federal law. Having a landlord or fair housing attorney on retainer for advice and help with best practices is another benefit.

✅ Have a Clear Process for ESA Requests

When tenants request an ESA, review their documentation and engage in an interactive dialogue rather than rejecting the request outright. If the tenant’s disability or need for the ESA is not readily apparent, landlords may request that the tenant provide the landlord with a letter from a qualified professional to verify the tenant’s disability and need for the ESA.

✅ Avoid Retaliation or Eviction

Taking adverse action against a tenant who requests an ESA could be deemed retaliation, leading to serious legal consequences. Landlords should never use a tenant’s request for reasonable accommodation against the tenant. It violates FHA and Florida law.

✅ Consult Legal Counsel Before Denying an ESA Request

If you believe a tenant’s ESA request does not meet legal requirements, seek legal advice before making a decision.

✅ Never Remove or Harm a Tenant’s ESA

Taking actions such as removing, abandoning, or harming a tenant’s ESA is not only unlawful but could lead to both civil and criminal penalties.

Final Warning: Why Landlords Must Comply with ESA Laws

The Olsen v. Belton case is a critical reminder that landlords must comply with the Fair Housing Act’s provisions regarding emotional support animals. Denying a reasonable accommodation can result in expensive legal battles, court rulings against landlords, and significant financial penalties. To stay compliant, landlords must handle ESA requests properly, respect tenants’ rights, and seek legal guidance when necessary.

If you are a landlord with concerns about ESA accommodations, consider consulting with a fair housing attorney to ensure your policies align with federal and state laws.