# ESA Letter in Albany, OR: The Advert Is Itself the Violation

> ORS 659A.145(3) reaches a listing that indicates a limitation on the basis of disability. In a classified-ad rental market, that is where the screening happens.

- Source: https://supportanimal.com/blog/oregon-emotional-support-animal/albany/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-09-05
- License note: informational content; not legal or medical advice.

## Key facts

- Population: 57,156
- Households renting: 41.1%
- Typical pet deposit (as a pet): Barred as accommodation
- Typical pet rent (as a pet): $25-$50/mo for pets
- Breed/weight limits common: sometimes
- Pet fees, deposits, and breed limits with a valid ESA letter: none (FHA reasonable accommodation)

## A market that screens before you apply

Albany rents 9,006 of its 21,933 occupied homes, 41.1 percent on the 2020–2024
American Community Survey five-year estimate, four points above Oregon's 36.7
percent. Median gross rent is $1,372, below the $1,525 statewide figure. The 2024
Census estimate puts the city at 57,156, twelfth in the state and within a hundred
and fifty people of Tigard, with which it otherwise has nothing in common.

Albany straddles the Linn–Benton county line on I-5 between Salem and Eugene, and
its rental stock is small-scale and mixed: individually owned houses, older duplex
conversions, a modest number of purpose-built complexes. Very little of it goes
through a leasing portal. Vacancies here are advertised on classified sites, on
community boards, in shop windows and on Facebook groups.

Which means the screening happens in the advert. By the time you would apply, the
decision has often already been published.

"No pets, no exceptions." "No animals of any kind — please don't ask." "Absolutely
no ESAs."

## Oregon made the sentence itself unlawful

Most people read a line like that as a landlord's preference, unpleasant but
lawful, and scroll on. Oregon's housing provision has a subsection specifically
about it. ORS 659A.145(3):

> "A person may not publish, circulate, issue or display or cause to be published,
> circulated, issued or displayed any communication, notice, advertisement, or
> sign of any kind relating to the sale, rental or leasing of real property that
> indicates any preference, limitation, specification or discrimination against an
> individual on the basis of disability."

Notice the shape of it. There is no requirement that anyone applied. There is no
requirement that anyone was refused. The **publication** is the thing prohibited,
and the standard is that the communication "indicates" a limitation — not that it
enacts one.

So the three phrases above are not equivalent under the statute, and the
difference is worth knowing.

**"No pets."** On its own, this is a pet policy. Oregon landlords are allowed to
have one. It says nothing about disability, and an accommodation request under ORS
659A.145(2)(g) is an exception to a rule that is entitled to exist.

**"No pets, no exceptions."** This is closer to the line, because "no exceptions"
announces in advance that no accommodation will be considered. An accommodation is
precisely an exception, and stating that none will be made indicates a limitation
on the person who would need one.

**"No ESAs."** This is the clearest case the subsection describes. It names the
category rather than implying it, and an assistance animal request is a
disability accommodation request. A landlord may say the property has a no-pets
policy. Saying that disability accommodations will not be entertained is a
different statement about a different thing.

## What it reaches, and who

Two features of subsection (3) make it unusually broad, and they matter in a town
where adverts are posted by ordinary people.

**"Of any kind."** The subsection covers "any communication, notice,
advertisement, or sign of any kind." A classified post is inside it. So is a card
on a noticeboard at the co-op, a sign in a window, a Facebook group post, and a
text message replying to an enquiry.

**"Or cause to be published."** The subsection reaches the person who caused the
communication as well as the person who published it. A landlord who told a
property manager or a relative what to write is inside it alongside whoever typed
the words.

## Keep the screenshot

The practical difficulty with an advertising violation is that adverts are
transient. They get edited when someone objects. They get taken down when the unit
fills. A month later there is nothing to show anybody.

So screenshot it, with the date visible, before you contact the landlord. It costs
nothing and it is the entire evidential basis for a subsection (3) complaint.

You may well also want to apply. Subsection (3) does not require it (the
publication is the violation), but applying and being refused gives you a
concrete refusal under subsections (2)(a) and (2)(g) as well, and a
complaint about something that actually happened to you is stronger than one
about a sentence.

Either way the route is the same: a verified written complaint to the Commissioner
of the Bureau of Labor and Industries under ORS 659A.820(2), signed by you, naming
the person and setting out the acts, filed "no later than one year after the
alleged unlawful practice." For an advertisement, the practice is the publication.

## If you do get the tenancy

The ordinary Oregon rules apply, and one of them is shaped for exactly this kind
of informal market.

ORS 90.300(4) bars a pet security deposit for "a service animal or companion
animal that a tenant with a disability requires as a reasonable accommodation
under fair housing laws." And ORS 90.302(1) requires that any fee at all "must be
described in a written rental agreement", which is a real constraint where much of
the deal was agreed by phone and confirmed by text. An undocumented charge fails
that requirement without anyone needing to argue about the animal.

The recurring misconception here, as everywhere in Oregon, is training. The
"individually trained" definition lives in ORS 659A.143(1)(a) and opens with the
words "As used in this section", a section about places of public accommodation
and access to state government services. Housing is ORS 659A.145, and it defines
no animal at all. A landlord who has read about service dogs online has read about
a different statute.

## The determination comes first

None of the above works without the thing underneath it. Oregon's provisions
protect a person with a disability for whom an accommodation may be necessary,
and an animal that tenant requires, and the state has published no roster,
established no registry and mandated no form. The assessment is the only thing
standing there.

Ask your own clinician first if you have one: a therapist, counsellor or
prescriber who knows your history can speak to a disability-related need better
than anyone meeting you once, and it costs nothing beyond the appointment. Linn
County's constraint is supply rather than attitude: outpatient waits of several
months are ordinary, and a number of practices decline to write housing
documentation as a matter of policy.

When that is not available, a licensed evaluation is the same examination
arranged rather than assumed. An Oregon-licensed clinician looks at whether a
disability is present and whether this animal accommodates it, then writes it
down or explains why not. A guaranteed result means nothing was ever looked at.

That distinction is sharpest against an advert that says "please don't ask." A
tenant with a real determination is not asking a favour. They are pointing at a
duty that ORS 659A.145(2)(g) already imposes, in a market where the landlord has
just published something they should not have. A tenant holding a certificate from
a website is asking for goodwill from somebody who has already announced they have
none.

## What Albany landlords can and cannot do

**Cannot:**
- May not refuse to make a reasonable accommodation in rules, policies, practices or services where it is necessary to give a disabled tenant equal opportunity to use and enjoy the dwelling: ORS 659A.145(2)(g). A no-pets policy is a rule, and the accommodation is an exception to it.
- May not charge a pet security deposit for a service animal or companion animal the tenant requires as a reasonable accommodation, ORS 90.300(4), which names the companion animal in the statute itself.
- May not charge any fee at the beginning of the tenancy for an anticipated expense, and may charge only the fees ORS 90.302 lists, each described in a written rental agreement.
- May not make a distinction or restriction against a renter in the price, terms, conditions or privileges of the tenancy because of disability: ORS 659A.145(2)(c).

**Can:**
- May still charge a noncompliance fee for failure to clean up a service or companion animal's waste from common areas, but only after a written warning notice, only for a second or later occurrence within a year, and capped at $50 under ORS 90.302(3).
- May still hold the tenant liable for damage the animal actually does, and may still take an ordinary security deposit, provided it is not larger because of the animal.
- Faces a disparate-impact claim under ORS 659A.425 where a facially neutral policy hits disabled tenants harder than tenants generally, weighed against the policy's business purpose and any less discriminatory alternative.

## How to get an ESA letter in Albany

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Albany. No diagnosis paperwork needed up front. (About 5 minutes: free)
2. **Connect with a licensed professional**, You are matched with a provider licensed for Oregon clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation**, The professional evaluates whether an emotional support animal alleviates symptoms of a condition recognized in the DSM-5. 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: the documentation Oregon landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord**, Submit the letter with a short reasonable-accommodation request. Pet fees, pet deposits, and breed limits no longer apply to your animal in Albany. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional evaluates whether an animal alleviates symptoms of a DSM-5-recognized condition, 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

## Housing help in Albany

- [DevNW](https://www.devnw.org/) (affordable housing nonprofit)
- [Fair Housing Council of Oregon](https://www.fhco.org/) (fair housing nonprofit)
- [Oregon Law Center](https://oregonlawcenter.org/) (legal aid)
- [Oregon Housing and Community Services, Renter Resources](https://www.oregon.gov/ohcs/housing-assistance/Pages/renter-resources.aspx) (state agency)

## Frequently asked questions

### A listing says "no pets, no exceptions." Is that lawful in Oregon?

It is at least a problem for the person who wrote it. ORS 659A.145(3) makes it unlawful to "publish, circulate, issue or display or cause to be published, circulated, issued or displayed any communication, notice, advertisement, or sign of any kind relating to the sale, rental or leasing of real property that indicates any preference, limitation, specification or discrimination against an individual on the basis of disability." The words "no exceptions" state in advance that no accommodation will be considered, which is a limitation on the basis of disability.

### What if the advert says "no ESAs" specifically?

That is the clearest case the subsection covers, because it names the category rather than merely implying it. ORS 659A.145(3) reaches a communication of "any kind" that indicates a limitation on the basis of disability, and an assistance animal request is a disability accommodation request. A landlord is free to say the property has a no-pets policy; saying that disability accommodations will not be entertained is a different statement.

### Do I have to apply before I can complain about a listing?

ORS 659A.145(3) describes the publication itself as the violation, and it does not require an application to have been made or refused. Practically, applying and being refused gives you a stronger and more concrete complaint under subsections (2)(a) and (2)(g) as well. Keep a screenshot of the listing with its date either way, because adverts are edited and taken down.

### The advert was on a classified site, not a company website. Does that matter?

No. The subsection reaches "any communication, notice, advertisement, or sign of any kind," which covers a classified post, a community board card, a window sign and a text message. It also reaches a person who causes such a communication to be published, so a landlord who told an agent what to write is inside the subsection alongside whoever typed it.

### Can an Albany landlord charge a pet deposit for my assistance animal?

No. ORS 90.300(4) provides that a landlord "may not charge a tenant a pet security deposit for keeping a service animal or companion animal that a tenant with a disability requires as a reasonable accommodation under fair housing laws." ORS 90.302(1) also requires that any fee at all "must be described in a written rental agreement," which matters in a market where a good deal is agreed by phone.

### Does my animal need training to qualify in Albany?

No. The words "individually trained" appear in ORS 659A.143(1)(a), a definition introduced by "As used in this section" and confined to shops, restaurants and state government offices. A tenancy is governed by ORS 659A.145, which defines no animal anywhere in its eleven subsections and sets no training test at all.

### How long do I have to complain about a listing or a refusal?

One year from the act. ORS 659A.820(2) asks for a written complaint, verified and signed by you, that names and gives the address of whoever committed the practice and sets out what they did, filed with the Commissioner of the Bureau of Labor and Industries no later than a year after the practice.

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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=oregon-emotional-support-animal%2Falbany