Fake ESA Letters: How to Spot Them and Why They Get Rejected
Not all ESA letters are created equal. A letter from an online mill can be rejected by your landlord — leaving you without legal protection and out of money.
What HUD Says About Documentation
In January 2020, HUD issued a notice that discussed internet-based documentation. HUD has since rescinded that notice, so the following is preserved only as historical context and is not current HUD policy:
"A housing provider is not required to accept documentation from an internet-based business as reliable documentation for a disability-related need for an assistance animal… [when] the documentation is from a business based solely on the internet or a personal representation that the tenant has a disability."
— FHEO Notice 2020-01 (rescinded; historical only)
As of May 22, 2026, HUD rescinded FHEO Notice 2020-01. It may be discussed only as historical guidance, not as current HUD policy. HUD's current enforcement posture generally prioritizes trained animals that perform disability-related tasks. The Fair Housing Act remains in force, private statutory remedies may still be available, and state or local law may provide additional protections, including for emotional support animals. Outcomes depend on the facts, jurisdiction, and housing coverage. No approval or legal outcome is guaranteed, and this information is not legal advice. A provider's licensure, personal knowledge, and actual evaluation may remain relevant under applicable law, but telehealth format alone does not decide the result.
Legitimate vs. Fraudulent ESA Letters
Legitimate letter
- Issued after a real clinical evaluation
- Clinician is licensed in your state
- Clinician took an intake and clinical history
- Documents the disability-related need for the ESA
- Includes clinician license number and state
- Can withstand landlord verification
Fraudulent / rejected letter
- Generated from a questionnaire alone — no live session
- Clinician not licensed in your state (or anywhere)
- No clinical intake or history taken
- Boilerplate language with client name inserted
- Sells 'lifetime' or multi-year letters
- No verifiable license number or state
- Cannot be verified by a housing provider
Red Flags in ESA Letter Services
Before paying for any ESA letter service, ask these questions:
"Instant approval" or "guaranteed letter"
No licensed clinician can guarantee approval. Approval depends on a genuine clinical assessment. Any service promising guaranteed letters is not operating within ethical clinical guidelines.
No actual clinician evaluation
A form or purchased certificate alone does not create a clinical basis for documentation. Applicable state law may require a live consultation; telehealth delivery by itself does not make documentation invalid.
Clinician not licensed in your state
Mental health professionals must be licensed in the state where the client resides. A clinician licensed only in California cannot legally issue a letter to a client living in Texas.
"Lifetime" ESA letters
ESA letters are typically valid for one year because conditions change. A letter that never expires has no clinical basis and may not be accepted.
No verifiable license number
Every licensed clinician has a license number that can be verified with the state licensing board. If a letter doesn't include a verifiable license number, it may be fraudulent.