# ESA Letter in Washington, DC: Local Law, and a Pet-Fee Ban From Oct 1

> An ESA letter in Washington, DC rests on the District's own Human Rights Act. What a landlord may ask, the Oct 1, 2026 pet-fee rule, and OHR's one-year clock.

- Source: https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-09-23
- License note: informational content; not legal or medical advice.

**In short:** In Washington, DC, an emotional support animal is protected by the District's own Human Rights Act, D.C. Code § 2-1402.21(d)(3)(B), alongside the federal Fair Housing Act. From October 1, 2026, D.C. Law 25-308, applied by emergency D.C. Act 26-416 § 7259, bars a pet deposit or pet rent for an assistance animal. Complaints go to the Office of Human Rights within one year.

**Summary:** The District of Columbia protects an emotional support animal with its own statute, not only with federal law. The DC Human Rights Act makes it unlawful discrimination in housing to refuse "reasonable accommodations in rules, policies, practices, or services, when these accommodations may be necessary to afford any person equal opportunity to use and enjoy a dwelling": D.C. Code § 2-1402.21(d)(3)(B). A no-pets rule is a policy, and the accommodation is the exception to it. The D.C. Code never uses the words "emotional support"; the DC Office of Human Rights (OHR) fills that gap in its fair housing FAQ, which says "assistance animals are not pets", names the "support animal", says assistance animals are "not required to be certified", and lists a request "for a pet deposit fee waiver" as a reasonable accommodation. That FAQ is agency guidance, not statute. The one D.C. Code housing section that says "no extra charge" for an animal, § 7-1006(b), is written for a "specially trained" service animal, and § 7-1009(5) excludes an animal that "serves solely as a companion", so it does not reach an ESA. The fee rule that does is new. The Pets in Housing Amendment Act of 2024, D.C. Law 25-308, adds to § 42-3505.10 that no pet security deposit and no pet rent may be required "for a service or assistance animal required by a tenant with a disability as a reasonable accommodation under local or federal law". It was enacted subject to funding and has not applied until now; D.C. Act 26-416 § 7259, part of an emergency budget support act, makes those landlord provisions apply from October 1, 2026. As of September 2026 the codified Code still prints "Not Funded", and a permanent version of that change was not confirmed. Complaints go to OHR within one year (§ 2-1403.04(a)), and a court suit may be filed within two years, a clock that pauses while an OHR complaint is pending (§ 2-1403.16(b)).

## Does DC's own law protect an emotional support animal?

Yes, and that sets the District apart from some states. The DC Human Rights Act has its own
reasonable-accommodation clause for housing. **D.C. Code § 2-1402.21(d)(3)(B)** counts as unlawful
discrimination:

> "A refusal to make reasonable accommodations in rules, policies, practices, or services, when these
> accommodations may be necessary to afford any person equal opportunity to use and enjoy a dwelling;"

A no-pets rule is a policy, and an exception to it for an animal you need because of a disability is
the accommodation. The federal Fair Housing Act says nearly the same at 42 U.S.C. § 3604(f)(3)(B), so a
DC renter has two statutes pointing the same way.

What the D.C. Code does not do is use the words. A full-text search of the whole Code and every
session law found "emotional support" zero times. The gap is filled by the District's civil rights
agency. The **DC Office of Human Rights (OHR)** says in its fair housing FAQ that "assistance animals
are not pets" and names a second type beside service animals: animals that "provide therapeutic
emotional support for individuals with disabilities", which it calls a "support animal". That is
agency guidance, not statute, but it is the District's clearest word on the subject.

## Why doesn't the DC service animal housing law cover an ESA?

Search for DC animal rights in housing and you will land on **D.C. Code § 7-1006**, "Equal access to
housing". Subsection (b) says a person with a service animal "shall not be required to pay an extra
charge for the service animal", (d) allows at least 30 days to produce paperwork, and § 7-1007 adds a
fine or jail term.

None of that is yours if your animal is an emotional support animal. **§ 7-1009(5)** defines a service
animal as one "specially trained" to assist a person with a disability, and then closes the door:

> "The term does not encompass an animal whose sole purpose is to serve as a crime deterrent or that
> serves solely as a companion."

A request that quotes § 7-1006 invites an easy reply: your animal is not trained. Build it on
§ 2-1402.21(d)(3)(B), which has no training requirement.

## Can a DC landlord charge a pet deposit or pet rent for an ESA?

The answer changes on **October 1, 2026**, so it helps to take the two periods in turn.

**From October 1, 2026.** The Pets in Housing Amendment Act of 2024, **D.C. Law 25-308**, adds new rules
to D.C. Code § 42-3505.10. A landlord may then take a refundable deposit for a
household pet, capped at 15% of monthly rent, plus pet rent of no more than 1% of the first month's rent per
dog. Then it carves out the animal
you need: no deposit and no pet rent "for a service or assistance animal required by a tenant with a
disability as a reasonable accommodation under local or federal law."

That law was passed subject to funding and never applied; the Council's Code site still prints "Not
Funded". **D.C. Act 26-416 § 7259**, in the Fiscal Year 2027 Budget Support Emergency Act of 2026, lifts
that condition from the landlord provisions as of October 1, 2026. Two limits, as of September 2026: the
emergency act lasts no longer than 90 days by its own terms, and we could not confirm a permanent
version. And the text
speaks of leases "beginning after October 1, 2025" while applying only from October 1, 2026; nothing we
found says how those dates fit, so a lease that began in between should not lean on it alone.

**Before October 1, 2026, and in any case.** A charge attached to the exception is a condition on it,
so the accommodation duty already reaches fees. OHR's FAQ lists a request "for a pet deposit
fee waiver" among the accommodations a tenant may ask for, orally, in writing or through a third party.

**14 DCMR 308.2** also caps everything taken "as security for performance of the tenant's
obligations" at the first full month's rent, "charged only once". Read plainly, a landlord holding a
full month cannot add an animal deposit on top (our reading, not a sentence in the rule; 308.8 excludes
federally subsidised units). Real damage your animal causes is still yours to pay for.

## What can a DC landlord ask for, and who can write the letter?

We found no D.C. statute or regulation that says who may write documentation for an emotional support
animal or what it must contain, and no DC rule requiring an in-person visit or a waiting period.

What exists is OHR's view. Its FAQ says assistance animals are "not required to be certified or go
through a professional training program", and that a housing provider may require only two things: a
verification "from a physician or other healthcare provider" that the tenant meets the District's
definition of disability, and a connection between the disability and what the animal does. It comes
from the agency that handles DC housing complaints, so it is worth writing to.

One screening rule is already in force. Under **§ 42-3505.10(d)(2)(C)**, a DC housing provider may not
ask about, or turn you down over, an alleged lease breach that "Is related to the prospective tenant or
household member's disability". Before a lease is signed, § 42-3505.10(b)(3) allows no fee except the application
fee, capped at $54 for 2026 according to the Office of the Tenant Advocate.

## Where in DC does this come up most?

DC is a renters' town. On the Census Bureau's 2020-2024 American Community Survey five-year estimates,
58.5% of the District's 324,491 occupied homes are rented, and median gross rent, utilities included,
is $1,954.

The eight wards differ more than that average suggests. **Ward 8** has the highest renter share, 77.6%,
clearly ahead of any other ward, while **Ward 4** has the lowest, 36.6%, and is the only ward where
owners clearly outnumber renters. **Wards 6 and 2** have the highest median rents, too close to rank
against each other, and **Ward 7** has the lowest, $1,277. Each ward guide below takes its own numbers
and its own local help.

## Which DC landlords are exempt from the Human Rights Act?

Fewer than a quick summary suggests. **§ 2-1402.24(a)** leaves out a building where the owner or the
owner's family lives, with room for no more than:

> "(1) Four families, and only with respect to a prospective tenant, not related to the owner-occupant,
> with whom the owner-occupant anticipates the necessity of sharing a kitchen or bathroom; or (2) Two
> families living independently of each other."

OHR's FAQ describes it more loosely, as any owner living in a building of four or fewer units, but the
statute is the law: rent a separate apartment in an owner-occupied triplex and the DC Act applies.
Subsection (c) exempts some single-family homes rented without a broker. Neither decides the federal
question, which has its own rules.

## What about DC Housing Authority tenants?

Public housing tenants have a rule written for them. **14 DCMR 7001.3**, the DC Housing Authority's
rule in force since May 15, 2026, says "Assistance animals, including service and support animals, are not pets",
so DCHA's pet deposit in 7004 does not apply. One caution: the rule still cites HUD notice FHEO
2020-01, which HUD withdrew effective September 17, 2025. It is not current guidance.

## Where do you file if a DC landlord says no, and by when?

- **The DC Office of Human Rights**, 441 4th Street NW, Suite 570 North, (202) 727-4559, **within one
  year** of the act or its discovery under **§ 2-1403.04(a)**. Every complaint is mediated first. In a
  housing case OHR must begin investigating within 30 days if mediation fails, and § 2-1403.05(d) sets
  100 days to finish.
- **Court, within two years** under **§ 2-1403.16(b)**. A timely OHR complaint pauses that clock. But
  sue first and § 2-1403.16(e) bars you from taking the same complaint to OHR afterwards.
- **The federal route.** One year to file with HUD, two years to sue in federal court.

For advice, try the **Office of the Tenant Advocate**, **Legal Aid DC** (free), the **Neighborhood Legal
Services Program** (free for low-income residents) or the **Equal Rights Center**, which helps prepare
accommodation requests. The Rental Housing Commission hears rent appeals, not discrimination complaints.

## Is there a DC ESA registry, or a crime for faking one?

No DC registry, certificate or ID card for emotional support animals exists in any text we searched,
and OHR says certification is not required. A registration number bought online answers none of the
questions OHR says a landlord may ask.

We also found no D.C. Code offence for misrepresenting an assistance animal. That is not a loophole:
the duty applies only where the disability and the need are real, and a document that cannot survive a
call to its signer gives a landlord a reason to refuse.

## What makes a DC ESA request hard to refuse?

A request that answers OHR's two questions on the day it arrives: is there a disability, and is this
animal connected to it. Tie it to § 2-1402.21(d)(3)(B), not § 7-1006.

If a clinician already treats you, ask them first. They know your history. The friction is timing: a
new appointment can take a while to get, and a provider who has seen you once or twice may fairly decline to
make a disability finding they have not had time to form. Free and community clinics help many people,
but they can have waiting lists, and not every clinic writes housing documentation.

Where there is no such relationship, a licensed evaluation covers the same ground on purpose. A
clinician licensed to assess you asks whether a disability exists and whether this animal is needed
because of it, and puts the answer in writing, including when it is no. That a no is possible is what
gives a yes its weight with a DC landlord, an OHR mediator or a judge.

## Key statutes

- **D.C. Code § 2-1402.21(d)(3)(B)** (DC Human Rights Act: the reasonable-accommodation duty that carries a DC ESA): Defines unlawful discrimination in housing to include "A refusal to make reasonable accommodations in rules, policies, practices, or services, when these accommodations may be necessary to afford any person equal opportunity to use and enjoy a dwelling". This is a District statute, so a DC tenant's request for an emotional support animal in a no-pets building rests on local law as well as the federal Fair Housing Act. Subsections (d)(1) and (d)(2) separately bar denying a dwelling, or setting different terms, because of a disability. [Text](https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.21)
- **D.C. Code § 2-1402.21(d)(5)** (The limit: direct threat or substantial damage): Nothing in the disability subsection requires a dwelling to be made available to someone "whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others." It is the District's version of the direct-threat limit, and it is about the specific tenancy, not a species or a breed. [Text](https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.21)
- **D.C. Code § 2-1401.02(5A)** ("Disability" as the Human Rights Act defines it): Reads, as published: "'Disability' means a physical or mental impairment that substantially limits one or more of the major life activities of an individual having a record of such an impairment or being regarded as having such an impairment." OHR summarises it as an impairment "substantially limiting one or more major life activities", where mental can include "cognitive and learning impairments". The section defines no "reasonable accommodation", "service animal" or "assistance animal". [Text](https://code.dccouncil.gov/us/dc/council/code/sections/2-1401.02)
- **D.C. Code § 2-1402.24(a), (c)** (Which small landlords the DC Act does not reach): The Act does not apply to renting housing in a building where the owner or the owner's family lives in one unit and there are accommodations for not more than "(1) Four families, and only with respect to a prospective tenant, not related to the owner-occupant, with whom the owner-occupant anticipates the necessity of sharing a kitchen or bathroom; or (2) Two families living independently of each other." Subsection (c) exempts some single-family homes rented by an owner of no more than three, without a broker. OHR's FAQ summarises the exemption more broadly than the statute; the statute controls. [Text](https://code.dccouncil.gov/us/dc/council/code/sections/2-1402.24)
- **D.C. Law 25-308 § 2(c)(2); D.C. Act 26-416 § 7259** (Pets in Housing Amendment Act: no pet deposit or pet rent for an assistance animal, from October 1, 2026): Adds § 42-3505.10(b-3): no pet security deposit and no pet rent may be required "for a service or assistance animal required by a tenant with a disability as a reasonable accommodation under local or federal law". For ordinary pets it allows a refundable pet deposit of up to 15% of monthly rent and pet rent of up to 1% of the first full month's rent per dog. The law was enacted subject to funding and was not applied; D.C. Act 26-416 § 7259, in an emergency budget support act, makes the landlord provisions apply from October 1, 2026. The codified Code still read "Not Funded" in September 2026, and a permanent version of § 7259 was not confirmed. [Text](https://code.dccouncil.gov/us/dc/council/laws/25-308)
- **14 DCMR 308.1, 308.2, 308.8** (Security deposit: one month's rent, charged once): Any security deposit "or other payment required by an owner as security for performance of the tenant's obligations" may not exceed "an amount equivalent to the first full month's rent" and "shall be charged only once". Everything taken as security counts toward that one cap, which on a plain reading leaves no room for a separate pet deposit on top of a full month's deposit. The deposit must sit in an interest-bearing escrow account in the District. Subsection 308.8 excludes federally subsidised units and units leased by federal or District agencies. [Text](https://dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionNumber=14-308)
- **14 DCMR 309; D.C. Code § 42-3502.17(c), (e)** (Getting the deposit back: 45 days, and no deductions for ordinary wear): Within 45 days after the tenancy ends the landlord must refund the deposit with interest or give written notice of intent to withhold, then refund any balance within 30 days with an itemised statement. Failure is "prima facie evidence that the tenant is entitled to full return", and bad faith can mean treble damages. D.C. Code § 42-3502.17(c) bars withholding for ordinary wear and tear, and (e), added in August 2026, gives the tenant 30 calendar days to dispute claimed damage. [Text](https://dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionNumber=14-309)
- **D.C. Code § 42-3505.10(b)(3), (d)(2)(C)** (Screening: no extra fees before the lease, no holding a disability-related breach against you): A housing provider "shall not charge a prospective tenant any fee other than an application fee prior to signing a lease", and the application fee is capped ($54 for 2026, per the Office of the Tenant Advocate). In screening, a provider may not ask about or act on an alleged lease breach that "Is related to the prospective tenant or household member's disability". [Text](https://code.dccouncil.gov/us/dc/council/code/sections/42-3505.10)
- **D.C. Code §§ 7-1006, 7-1009(5)** (The service-animal housing statute, which does not cover an ESA): Section 7-1006(b) says a person with a service animal "shall not be required to pay an extra charge for the service animal", and (d) sets a documentation rule that allows at least 30 days to produce it. But § 7-1009(5) defines a service animal as one "specially trained" to assist, and says the term "does not encompass an animal whose sole purpose is to serve as a crime deterrent or that serves solely as a companion." An emotional support animal falls outside it, as does the criminal penalty in § 7-1007. A DC ESA's rights come from § 2-1402.21(d)(3)(B) instead. [Text](https://code.dccouncil.gov/us/dc/council/code/sections/7-1006)
- **D.C. Code § 2-1403.04(a), (c)** (OHR complaint deadline: one year, then mediation): A complaint "shall be filed with the Office within 1 year of the occurrence of the unlawful discriminatory practice, or the discovery thereof". All complaints are mediated before a full investigation; in housing cases OHR must begin investigating within 30 days of filing if mediation fails, and § 2-1403.05(d) sets a 100-day target for completing a housing investigation. [Text](https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.04)
- **D.C. Code § 2-1403.16(a), (b)** (Court: two years, paused while OHR has the complaint): A person aggrieved may sue "within 2 years after the unlawful discriminatory act, or the discovery thereof." Filing a timely OHR complaint "shall toll the time to file a private cause of action" until OHR serves a notice of right to sue. Under subsection (e), someone who first sues in court on the same act may not then file the same complaint with OHR. [Text](https://code.dccouncil.gov/us/dc/council/code/sections/2-1403.16)
- **14 DCMR 7001.3, 7004** (DC Housing Authority: assistance animals are not pets): DCHA's rule, effective May 15, 2026, says "Assistance animals, including service and support animals, are not pets and thus are not subject to DCHA's pet policies". The DCHA pet deposit in 7004 (the lower of 15% of flat rent or $100) is for pets only. The rule still cites HUD notice FHEO 2020-01, which HUD withdrew effective September 17, 2025, so that notice is not current guidance whatever the rule says. [Text](https://dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionNumber=14-7001)
- **42 U.S.C. § 3604(f)(3)(B)** (Fair Housing Act: the federal duty alongside DC's own): Makes discrimination include a refusal to make reasonable accommodations in rules, policies, practices or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. In DC it runs in parallel with § 2-1402.21(d)(3)(B), which uses nearly the same words. A building outside the DC Act's exemption test may still owe the federal duty, and the other way round, so each is checked on its own terms. [Text](https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap45-subchapI-sec3604.htm)

**Registration myth:** The District has no emotional support animal registry, certificate, identification card or database, and no D.C. Code section or rule we searched creates one. The DC Office of Human Rights says it directly in its fair housing FAQ: "assistance animals are not required to be certified or go through a professional training program." What OHR says a housing provider may ask for is verification of a disability and a connection between the disability and what the animal does, which is a clinical finding by a professional, not a registration number. A certificate or ID card bought from a website answers neither question. We also found no D.C. Code offence for misrepresenting an animal as an assistance animal, which is not permission: the accommodation duty exists only where the disability and the need are real.

## What District of Columbia landlords can and cannot do

**Cannot:**
- Cannot refuse a reasonable accommodation to a no-pets rule where it may be necessary to give a person with a disability equal opportunity to use and enjoy the home, D.C. Code § 2-1402.21(d)(3)(B) and 42 U.S.C. § 3604(f)(3)(B).
- Cannot deny a dwelling because of a disability, or set different terms, conditions or privileges because of one, D.C. Code § 2-1402.21(d)(1) and (d)(2).
- Cannot require a pet security deposit or pet rent for an assistance animal required as a reasonable accommodation, for the period from October 1, 2026, D.C. Law 25-308 § 2(c)(2) as applied by D.C. Act 26-416 § 7259. Before that date, OHR treats a pet deposit waiver as a reasonable accommodation request.
- Cannot take more than the first full month's rent as security, in total and only once, 14 DCMR 308.2. Federally subsidised units are excluded from that rule by 308.8.
- Cannot charge a prospective tenant any fee other than the application fee before the lease is signed, D.C. Code § 42-3505.10(b)(3).
- Cannot, in screening, ask about or act on an alleged lease breach related to the applicant's or a household member's disability, D.C. Code § 42-3505.10(d)(2)(C).
- Cannot insist on a certificate or training programme for an assistance animal: OHR's fair housing FAQ says assistance animals are "not required to be certified".

**Can:**
- Must return the deposit with interest, or give written notice of intent to withhold, within 45 days after the tenancy ends, 14 DCMR 309.1, and may not deduct for ordinary wear and tear, D.C. Code § 42-3502.17(c).
- May ask, in OHR's published view, for verification from a physician or other healthcare provider that the tenant has a disability, and for a connection between the disability and what the animal does. That is agency guidance, not statute.
- May decline where a tenancy would be a direct threat to others' health or safety, or would cause substantial physical damage to others' property, D.C. Code § 2-1402.21(d)(5).
- May be outside the DC Act only in the narrow owner-occupied cases in D.C. Code § 2-1402.24: up to four families where the owner will share a kitchen or bathroom with the tenant, otherwise up to two.

## How to get an ESA letter in District of Columbia

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in District of Columbia. No diagnosis paperwork needed up front. (About 5 minutes: free)
2. **Connect with a licensed professional**, You are matched with a provider licensed for District of Columbia clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation**, The professional considers whether an emotional support animal is clinically appropriate for a condition recognized in the DSM-5. The DSM-5 can inform that assessment, but the housing question is whether you have a qualifying disability and whether the animal is necessary because of it. Honest evaluations: not everyone qualifies. (Most of Our Applicants Qualify)
4. **Receive your signed letter**, Your letter arrives on the professional's letterhead with their license number: supporting documentation for a reasonable accommodation that District of Columbia landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord**, Submit the letter with a short reasonable-accommodation request. Where the accommodation is required, ordinary pet-related rules and charges, including pet fees, pet deposits and breed or weight limits, may need to be waived or modified. You remain responsible for any damage the animal actually causes. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional assesses whether an emotional support animal is clinically appropriate for a condition recognized in the DSM-5. The DSM-5 can inform that assessment, but the housing question is whether a qualifying disability is present and whether the animal is necessary because of it. Commonly:

- Generalized anxiety disorder
- Major depressive disorder
- Post-traumatic stress disorder (PTSD)
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Phobias with housing impact
- Chronic stress affecting daily function

## Ward guides in District of Columbia

- [ESA letters in Ward 5](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-5.md)
- [ESA letters in Ward 7](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-7.md)
- [ESA letters in Ward 8](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-8.md)
- [ESA letters in Ward 4](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-4.md)
- [ESA letters in Ward 6](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-6.md)
- [ESA letters in Ward 1](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-1.md)
- [ESA letters in Ward 3](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-3.md)
- [ESA letters in Ward 2](https://supportanimal.com/blog/district-of-columbia-emotional-support-animal/ward-2.md)

## Frequently asked questions

### Does DC law protect emotional support animals in housing?

Yes, through the DC Human Rights Act, though not by name. D.C. Code § 2-1402.21(d)(3)(B) makes it unlawful to refuse "reasonable accommodations in rules, policies, practices, or services" that a person with a disability may need to use and enjoy a home, and a no-pets rule is exactly that kind of policy. The D.C. Code never uses the phrase "emotional support", but the DC Office of Human Rights' fair housing FAQ names the "support animal" and says assistance animals "are not pets". The federal Fair Housing Act applies as well.

### Can a DC landlord charge a pet deposit or pet rent for my ESA?

From October 1, 2026, DC law says no in so many words: D.C. Law 25-308 bars a pet security deposit and pet rent "for a service or assistance animal required by a tenant with a disability as a reasonable accommodation", applied from that date by D.C. Act 26-416 § 7259, an emergency act. Before that date, a fee attached to the accommodation is challenged under § 2-1402.21(d)(3)(B) and federal law, and OHR's FAQ lists a request "for a pet deposit fee waiver" as a reasonable accommodation.

### My lease started in early 2026. Does the new pet-fee rule reach it?

We could not settle that. The Pets in Housing text is written for "residential leases beginning after October 1, 2025", but the section applies only from October 1, 2026, and nothing we found says how the two dates fit together. Do not rely on the new rule alone for a lease that began in that window. The accommodation duty in D.C. Code § 2-1402.21(d)(3)(B) applies either way.

### Doesn't D.C. Code § 7-1006 say no extra charge for an assistance animal?

It says no extra charge for a service animal, and that is a narrower thing. D.C. Code § 7-1009(5) defines a service animal as one "specially trained" to assist a person with a disability and says the term does not cover an animal "that serves solely as a companion." An emotional support animal is outside § 7-1006, its 30-day documentation rule and the penalty in § 7-1007. Cite § 2-1402.21(d)(3)(B) instead.

### Where do I file if a DC landlord refuses my ESA, and how long do I have?

With the DC Office of Human Rights, within one year of the act or its discovery, under D.C. Code § 2-1403.04(a). Every complaint goes to mediation first. You can also sue in court within two years under § 2-1403.16(b), and a timely OHR complaint pauses that two-year clock. Federally, the Fair Housing Act allows one year to file with HUD and two years to sue in federal court. The Office of the Tenant Advocate can advise you, but it does not decide discrimination complaints.

### My landlord lives in the building. Are they exempt?

Only in narrow cases. D.C. Code § 2-1402.24(a) exempts an owner-occupied building with room for no more than four families only where the owner expects to share a kitchen or bathroom with the tenant; otherwise the limit is two families living independently. OHR's FAQ describes the exemption more loosely, as any owner living in a building of four or fewer units, but the statute is what applies. Being outside the DC Act also does not by itself settle whether the federal duty applies.

### Who can write an ESA letter for a DC apartment?

No D.C. statute or regulation we found says who may write documentation for an emotional support animal, or what it must contain. The DC Office of Human Rights says a housing provider may ask only for verification from "a physician or other healthcare provider" that you have a disability, and for a connection between the disability and what the animal does. That is OHR's guidance rather than statute, and documentation from a licensed professional who made both findings meets it.

### I live in DC Housing Authority public housing. Do the pet rules apply to my ESA?

No. DCHA's own rule, 14 DCMR 7001.3, says "Assistance animals, including service and support animals, are not pets and thus are not subject to DCHA's pet policies", so the DCHA pet deposit in 7004 does not apply to them. You make the request to DCHA as a reasonable accommodation. DCHA's rule still refers to HUD notice FHEO 2020-01, which HUD withdrew in September 2025.

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Get evaluated by a licensed provider: https://my.supportanimal.com/qualify?sa_source=blog&sa_medium=blog&sa_campaign=esa-guides&sa_content=markdown&ref=blog&sa_term=district-of-columbia-emotional-support-animal