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

Memphis landlords are part of a city where access to mental health care is extremely limited. In Shelby County alone, there is just one mental health provider for every 669 residents, far below the Tennessee ratio of 634:1 and the national average of 380:1. Given the shortage of resources, it’s no surprise that many residents turn to emotional support animals in Memphis for extra support. 

As a landlord in the area, understanding how to handle ESA requests is critical. Making mistakes could leave you facing discrimination charges, lawsuits, or hefty fines. This guide will walk you through how ESAs are defined, what protections apply under the law, and how to handle requests in a way that keeps your property protected and your tenants supported.

Defining Emotional Support Animals in Memphis

The emotional support animal laws in Memphis defines an emotional support animal (ESA) as any creature (dog, cat, bird, rabbit, or even miniature horse) that provides therapeutic support to someone with a mental or emotional condition. Unlike service animals, ESAs are not task-trained. Their mere existence is enough to help their owners feel less emotionally distressed, offering comfort through companionship rather than specific actions. These animals are often recommended by licensed mental health professionals as part of a treatment plan for disorders like anxiety, depression, or PTSD.

To legally qualify as an ESA, the animal must be prescribed through a formal letter from a licensed provider, stating that the tenant has a disability and that the animal helps alleviate one or more symptoms of that disability.

The need for emotional support animals in Memphis is especially pressing. Not only does the state have the highest rates of depression in the country, but Memphis also ranks as the 6th worst major city for adults reporting “not good” mental health. Although ESAs are not a replacement for professional support, they can be essential for those who don’t have access to the mental health resources they need. Several studies have shown both physical and mental benefits of ESAs, including:

• More confidence during social situations
• A healthier lifestyle from more frequent exercise
• Lower blood pressure and heart rate
• Reduced levels of cortisol (the stress hormone)
• Decreased feelings of loneliness
• Higher levels of oxytocin (the feel good chemical)
• A more consistent routine

As a landlord in Memphis, it’s important to be aware of the high prevalence of mental health concerns in the city and recognize that it could mean more tenant requests for ESAs. Treating each request fairly and empathetically can go a long way in establishing positive tenant-landlord relationships and staying compliant with the emotional support animal laws in Memphis.

Service Animals vs. Emotional Support Animals vs. Pets

It’s easy to lump all animals into the same category, but under the law, there are major distinctions between pets, service animals, and emotional support animals in Memphis. Each category comes with different legal protections, and knowing the difference can help you avoid complaints and costly legal missteps. 

Service animals are dogs (and in rare cases, miniature horses) that are trained to perform a specific task that directly relates to a person's physical or psychiatric disability. They might alert someone who’s deaf to a doorbell ringing, or guide someone with visual impairments. These animals are covered under the Americans with Disabilities Act (ADA), which means they must be allowed in nearly all public and private spaces, including rental housing.

Emotional support animals, on the other hand, are not trained to do a specific task. They are not covered by the ADA, but they are protected under the Fair Housing Act (FHA). While they are not guaranteed public access to places like restaurants or stores, they are legally permitted in rental housing, even if you have a no-pet policy.

Pets are animals that are owned for companionship but have no legal standing under the emotional support animal laws in Memphis. As a landlord, you can impose breed restrictions, weight limits, pet deposits, and “no pet” rules for pets, but those rules do not apply to service animals or ESAs. 

Specific Legal Protections for Emotional Support Animals in Memphis

The most important law to understand when it comes to emotional support animals in Memphis is the Fair Housing Act (FHA), a federal law that prohibits discrimination based on disability. Under the FHA, landlords must make what is called a “reasonable accommodation” for tenants who have a documented need for an ESA.

That means you must allow a qualified emotional support animal, even if your property has a no-pet policy. You’re also not allowed to charge pet rent, deposits, or additional fees for an ESA, and you cannot impose breed or size restrictions. ESAs are seen as a need, not a luxury.

It’s also important to note that the emotional support animal laws in Memphis apply whether the tenant makes the request before signing the lease agreement or midway through the term. As long as the tenant provides appropriate documentation, you are obligated to allow the accommodation unless a lawful exception applies.

In Memphis, these protections are enforced by federal agencies like the U.S. Department of Housing and Urban Development (HUD), but complaints can also be filed with the Tennessee Human Rights Commission. Landlords who violate these rules may face formal investigations, fines, or even lawsuits.

How to Validate an Emotional Support Animal

While you cannot ask tenants for their diagnosis or medical history, you are entitled to request documentation to verify their need for an emotional support animal. This typically comes in the form of an ESA letter from a licensed mental health professional. 

You do not need to accept certificates from ESA registry websites, especially if they do not involve a legitimate provider-patient relationship. HUD has determined that these online services tend to target low-income individuals, misleading them into thinking that purchasing a certificate online is enough to qualify their pet as an ESA. In reality, documentation must come from a licensed provider who is actively involved in the tenant’s care and can speak to how the animal alleviates symptoms of a mental or emotional disability.

If a tenant presents questionable documentation, landlords may take reasonable steps to verify the authenticity of the letter, such as confirming the provider’s licensure, but they must avoid overstepping by requesting details about the tenant’s diagnosis or treatment plan.

Emotional Support Animal Housing Letter Checklist

According to the American Psychiatric Association, a legitimate ESA letter should: 

• Be written on the provider’s official letterhead
• State that the tenant has a mental or emotional disability recognized by the DSM-5
• Explain that the ESA helps alleviate symptoms related to that disability
• Include the provider’s license number, contact information, and signature
• Be current (generally issued within the past 12 months)

Landlords cannot require tenants to fill out special forms, reformat the letter, or submit additional medical paperwork beyond this. Doing so would be a violation of the emotional support animal laws in Memphis. 

Respecting your tenant’s privacy throughout the process is essential. Not only does it reduce the risk of a discrimination claim, but it also builds trust with the tenant and shows professionalism. 

Can Landlords Reject Emotional Support Animals in Memphis?

While emotional support animals in Memphis are protected under the FHA, there are limited circumstances in which landlords can legally deny a tenant’s request. That said, these exceptions must be carefully considered and thoroughly documented. Rejecting an emotional support animal must be based on legitimate concerns, never assumptions or personal preferences (like negative gut feelings or a personal dislike of animals). Saying no to an ESA without a lawful reason can lead to fair housing complaints, legal action, or steep financial penalties.

When Can a Landlord Legally Deny an ESA Request?

Under the emotional support animal laws in Memphis, landlords may reject an ESA request if: 

• The tenant fails to provide valid documentation 
• The animal is aggressive or poses a direct threat to the health or safety of others on the property 
• The animal has a history of causing significant property damage or isn’t housebroken
• The request would impose an undue financial or administrative burden on the landlord
• The animal is not considered a household pet
• The request would fundamentally alter the nature of your business 

In addition to these case-by-case scenarios, the FHA includes four exemptions that may allow you to reject an ESA request entirely, depending on your property and business model:

• Small owner-occupied buildings: If you live in a building that has four or fewer rental units, and you live in one of them, the FHA may not apply to you. This is often called the “Mrs. Murphy exemption.”

• Private landlords with a few homes: If you’re a private landlord who owns and rents out three or fewer single-family homes (and you don’t use a broker), you may also be exempt from the emotional support animal laws in Memphis.

• Religious or private organizations: If a religious group or private club provides housing only to its own members and isn’t doing it to make a profit, that housing may be exempt from FHA rules.

• 55+ senior communities: Some retirement communities that are legally designated for adults over 55 are allowed to limit who can live there. While they may be exempt from rules about families with children, they still have to follow laws that protect people with disabilities.

Keep in mind that these situations are exceptions to the emotional support animal laws in Memphis, not the rule. Even when an exemption or lawful reason exists, landlords should approach every ESA request with consistency, fairness, and caution. Open dialogue can often resolve issues before they escalate into legal disputes.

Leaving ESA Laws to a Professional in Memphis

Emotional support animals in Memphis are a legal right for tenants who need them. While navigating these requests isn’t always easy, it is a necessary part of being a landlord in a city where mental health concerns are common. The more you understand the emotional support animal laws in Memphis, the better prepared you’ll be to handle each case with fairness, compliance, and respect. 

Your response to these requests will say a lot about your rental property business, affecting the quality of your relationships with your tenants. That will mean knowing when the FHA applies, when it doesn’t, and how to evaluate documentation without crossing privacy lines. It also means understanding when you’re allowed to say no and when doing so could be illegal. 

If you’re ever struggling to handle these requests or find yourself increasingly unsure of how to respond, working with a property management company like Evernest could give you peace of mind. Our local team stays up to date with the emotional support animal laws in Memphis and can take over every single step so that you can focus on growing your portfolio instead. Reach out today to see how we can support you in following the law and, most importantly, building a thriving business.