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

In Tucson, mental health care can be hard to get. According to Mental Health America, the city is almost at the bottom nationally when it comes to providing adequate services, coming in at 48th out of 51 states and territories. That may be part of the reason why emotional support animals in Tucson have become so common, and why landlords are scrambling to learn more about the laws that govern them. 

In this guide, we’ll break down everything you need to know about the emotional support animal laws in Tucson, from telling them apart from pets and service animals to verifying documentation. With these tips, checklists, and guidelines in mind, you’ll be more equipped to safeguard your investment while creating a welcoming housing community for your tenants. 

What Is an Emotional Support Animal?

Some landlords assume that emotional support animals in Tucson are just pets. In reality, they are prescribed companions that offer comfort to tenants experiencing mental health challenges like anxiety, depression, and PTSD. They don’t have to be trained like service animals do because their mere presence provides support. 

The emotional support animal laws in Tucson don’t restrict these animals by species, stating that they just need to be domesticated. Dogs and cats are the most common, but you may also run into requests for rabbits, fish, or guinea pigs.

Research has shown that emotional support animals can make a huge difference, especially for people who don’t have the resources for professional help. Some of the benefits associated with ESAs include:

• Lower heart rate, blood pressure, and cortisol (the stress hormone)
• Fewer feelings of loneliness
• Higher motivation
• Better self-care and more structured daily routine 
• Increased production of oxytocin (the bonding, feel-good hormone)
• More confidence in social situations

If you’ve ever experienced poor mental health, then you understand how difficult it can be. For many tenants, ESAs provide much-needed relief that helps them get out of bed and through each day. Understanding the critical role they play in the lives of your tenants can help you approach ESA requests with empathy and support. 

What Makes Service Animals Different from Pets and Emotional Support Animals?

Before you can follow the emotional support animal laws in Tucson, you’ll need to understand the difference between ESAs, service animals, and pets. Treating an ESA incorrectly can get you in legal trouble and put both your property and other residents at risk. 

A service animal is almost always a dog (or a miniature pony), and it's been trained to do specific tasks to help someone with a disability. It might remind someone to take medication or call for help during a seizure. Because of this training, service animals are protected by the Americans with Disabilities Act (ADA) and allowed in almost all public places. You can’t request documentation from a tenant for a service animal, but you can verify that the animal is needed for a disability and ask what task it performs. 

An emotional support animal, on the other hand, doesn’t need to be trained to do anything specific. Their support is emotional. They’re not covered by the ADA, barring them from public places. However, the Fair Housing Act (FHA) protects them, meaning landlords must usually allow them in their properties as long as they’re documented. 

Regular pets aren’t covered under the emotional support animal laws in Tucson. That means you can ban them from your property if you’d like. If you choose to allow them, you can charge pet rent and deposits, as well as restrict by breed and size. Neither service animals nor emotional support animals in Tucson are subject to fees or restrictions in housing. 

Legal Protections for Emotional Support Animals in Tucson

The main law that protects emotional support animals in Tucson is the Fair Housing Act (FHA), which says landlords can’t discriminate against people with disabilities. Arizona also has its own Fair Housing Act, which supports the same basic rules as the federal version. If a tenant needs an ESA to live safely or comfortably, the FHA considers that animal a “reasonable accommodation” and requires landlords to:

• Allow emotional support animals in no-pet housing
• Waive pet fees, deposits, and monthly pet rent
• Avoid placing restrictions based on the animal’s breed, weight, or size
• Respond to ESA requests in a reasonable amount of time
• Refrain from asking about the tenant’s specific diagnosis or medical history
• Accept ESAs even if the request comes in after the lease has been signed

In short, the emotional support animal laws in Tucson don’t allow landlords to treat ESAs like regular pets. They’re considered a part of someone’s health care plan, and that means they’re legally protected.

How to Validate Emotional Support Animals in Tucson

While you may be required to accept ESAs in most cases, that doesn’t mean all your rights as a landlord fly out the window. The emotional support animal laws in Tucson allow property owners to verify that ESA requests are legitimate. That means you can ask the tenant for documentation from a licensed mental health care professional stating their need for the animal. 

While you can’t pry into private medical information, you can ensure the ESA letter the tenant gives you is based on a real mental health evaluation. ESA letters can come from psychiatrists, therapists, LCSWs, or even primary care doctors. All that’s required is an actual patient-provider relationship, which often means ongoing sessions.

Emotional Support Animal Housing Letter Checklist

Having a consistent process in place for verifying requests for emotional support animals in Tucson can help you treat every ESA fairly. Here are the details that every single ESA letter should include when it comes across your desk or computer: 

• The letter is written on the professional’s letterhead.
• It includes the provider’s name, license number, and contact information.
• It states that the tenant has a disability and the animal is needed to relieve one or more of the symptoms of that condition. 
• It’s signed and dated within the last year.

Not every request you get will be legitimate, and it's your job to determine whether the documentation meets federal and state guidelines. HUD has sounded the alarm on online-issued certificates and letters that have no real value. Tenants may pay for these documents, only to learn they’re not sufficient because they lack a true mental health evaluation from a licensed provider. 

Fake ESA letters can lead to untrained animals being brought into spaces that aren’t suited for them, causing disturbances, property damage, or even safety issues. When these occur, it adds even more to your to-do list. By carefully reviewing each request and following up as needed, you can ensure you’re supporting tenants with real needs, not just those trying to avoid pet policies. 

Can Landlords Reject Emotional Support Animals in Tucson?

Just because someone calls their animal an ESA doesn’t mean you automatically have to accept it. There are still a few limited cases where you can turn down a request, starting with the exemptions under the FHA. The emotional support animal laws in Tucson might not apply to you at all if: 

• You live in the building and it has four or fewer rental units (also known as the “Mrs. Murphy” exemption)
• You’re renting out a single-family home, own no more than three such homes, and aren’t using a broker
• The property is run by a religious organization that limits housing to members of that religion 
• The property is part of a private club that only rents to members
• The building qualifies as a 55+ senior living community 

Even if you’re exempt, it’s still smart to respond to the request as soon as possible and document the reason for the exemption. Open communication can go a long way in building positive relationships with tenants and avoiding complaints. 

When Can a Landlord Legally Deny an ESA?

If you don’t qualify for an exemption from the FHA, you may still be able to reject ESAs in a few other specific scenarios. You may have grounds to deny a request if:

• The tenant never provides proper documentation or the letter is missing key details
• The animal is dangerous or has a documented history of biting, attacking, or displaying threatening behavior toward other people or animals
• The ESA causes serious property damage or repeated disturbances
• Keeping the animal would result in a financial or administrative burden that goes beyond a normal accommodation
• The animal is not housebroken 
• The ESA would fundamentally alter the nature of the landlord’s housing business

That said, emotional support animal laws in Tucson require landlords to proceed carefully. Every request should be considered individually, and communication with tenants should be clear and respectful. Denying an ESA without a valid legal reason could lead to a fair housing complaint. Tenants who feel their rights were violated can file a complaint with the Arizona Attorney General or HUD. 

To protect yourself and stay compliant, always document the reason for your decision, whether you approve or deny the request. You cannot say no to an ESA just because you dislike animals, are allergic, or feel that the tenant doesn’t genuinely need the animal. Written records show that you were reasonable and aligned with the law, protecting you from legal problems. 

A Stress-Free Way to Handle Emotional Support Animals in Tucson

Understanding how the emotional support animal laws in Tucson work isn’t always easy, but getting it right couldn’t be more important. Knowing the difference between ESAs, service animals, and pets, and following a fair and consistent process for verifying documentation can help you stay compliant while supporting tenants who rely on these animals every day. Not only does it create a more inclusive community, but it also shows you’re a housing provider that cares.

If handling the requests for emotional support animals in Tucson ever starts to feel like more than you bargained for, Evernest can help. Our local property management team can take over tenant communication, documentation verification, and every other task that’s been eating up your time. Reach out whenever you’re ready to get back to focusing on growing your portfolio instead of worrying about the legal details.