Imagine: you’re screening a promising applicant for a 12-unit in Bangor. They say:
“I have an emotional support iguana—my doctor says I need it to manage PTSD. That means no pet fees or deposits, right?”
Next thing you know, you’ve waived deposits, updated your lease, and prayed the reptile doesn’t urinate on the new hardwood floors (or escape). Is this the new normal?
For Maine landlords and investors, the ESA (Emotional Support Animal) regime is
starting to feel like open season—especially now that guidance from HUD is being rolled back. But beneath the surface lies a mess of competing values: fair housing rights,
property risk, and the potential for abuse.
The Legal Landscape: What Came Before, What’s Now
Under federal law, ESAs are not service animals under the ADA. But the Fair Housing Act (FHA) requires landlords to provide reasonable accommodations for “assistance
animals” in housing, including emotional support, so long as certain conditions are met.
HUD’s prior guidance gave landlords some guardrails about documentation, direct threat analysis, and undue burden assessments.
However, on September 17, 2025, HUD issued a sweeping withdrawal of several official fair housing guidance documents—including those addressing service and assistance animals. That memo states those documents “should not be utilized moving forward,” signaling that landlords and tenants are entering uncertain terrain.
Some legal commentators interpret this as HUD backing away from enforcement clarity, leaving lower courts and housing providers to sort out disputes case by case. This
Withdrawal is part of a broader deregulatory trend: HUD also pulled back on rules like Affirmatively Furthering Fair Housing and proposals aimed at lowering barriers to HUD-assisted housing.
Maine’s State Rules and the Human Rights Commission
In Maine, state law has recently been updated to reflect more modern treatment of “assistance animals.”
The Maine Human Rights Act (MHRA) and Title 5 §4553 define “assistance animal” broadly as:
An animal “determined necessary to mitigate the effects of a physical or mental disability” by a licensed provider, or
An animal individually trained to perform tasks.
Under 5 M.R.S. §4582-A, housing discrimination against users of assistance animals is prohibited. Maine also recently expanded penalties for misrepresenting an animal as an assistance animal.
Notably, 14 M.R.S. §6001 (draft form) allows landlords—under certain
circumstances—to require renters’ insurance or charge higher deposits, but only if applied broadly to all animals of the same species.
The Maine Human Rights Commission’s Housing Service Animal Brochure clarifies a few key landlord-facing points:
“No pet” policies don’t apply to assistance/service animals.
Housing providers may request documentation from a licensed medical provider, but may not demand medical records or a diagnosis.
They must treat tenants with animals equally (access to common areas, etc.).
Given HUD’s pullback and evolving state law, many landlords in Maine feel vulnerable to “weaponized” ESA requests.
The Loophole Is Wide Open (And Getting Wider)
One of the most frustrating truths: it is remarkably easy for many people to procure an “ESA letter.”
Many online vendors offer template letters for mental health conditions that consumers may self-diagnose (or exaggerate). While these letters are not automatically foolproof in the face of a landlord’s challenge, they often suffice to trigger a reasonable accommodation request.
Because the bar is low, landlords increasingly face bogus requests that demand you:
waive pet security deposits,
ignore breed or size limits, and
accept animals that might cause odor, damage, biting, or nuisance.
When enforcement is weak or guidance murky, many landlords simply give in rather than risk FHA claims.
From a landlord’s perspective, the problem has three prongs:
Financial exposure — foregone pet deposits and potential property damage
Operational burden — behavioral disputes, noise, complaints
Litigation risk — defending accommodation denials in court without clear HUD guardrails
Some argue that the problem is so widespread that the industry should press for
statutory reform: clearer documentation standards and stronger landlord protections. Others take a pragmatic approach—tightening internal screening and documentation policies.
Real-World Maine Case Study
Case 1 – Lewiston Multifamily: A 24-unit complex receives an applicant with perfect credit who submits,
“I require a support pig (mini pig) as an ESA—no deposit, no pet rent.”
The property manager consults counsel, requests an ESA letter from a licensed clinician, and conducts a behavior assessment. The letter arrives, signed by a creative therapist, but gives no detail beyond “this animal helps with anxiety.”
The management team treats it as a valid request, allows the pig, waives the deposit, and adds it to the lease. Six months later, residents complain about odor, rooting in the drywall, and landscaping damage. The landlord tries to revoke the accommodation due to nuisance, but faces legal uncertainty. Legal fees mount; the lesson stings.
Case 2 – Portland Landlord: An applicant presents an ESA claim with minimal paperwork. This landlord responds with a formal Reasonable Accommodation Questionnaire requiring:
the clinician’s professional license and contact,
the functional link between disability and the animal,
confirmation that the animal behaves safely.
That extra step discourages unserious applicants while documenting compliance for legitimate ones. It’s not bulletproof—but it’s a defensible middle ground.
Both examples highlight the same tension: landlords caught between compliance and chaos.
Action Steps: What Maine Landlords Can Do
Insist on robust documentation. Use a standardized Reasonable Accommodation Request Form. Require the provider’s credentials, contact information, and how the animal mitigates the disability.
Conduct individualized assessments. Evaluate size, species, behavior history, and risk factors. Blanket denials are vulnerable, but reasoned decisions can survive scrutiny.
Track damages carefully. Tenants remain responsible for actual damages—cleaning, odors, flooring, or yard repair.
Require insurance where permitted Maine may allow this under parity rules (same requirement for all animal owners).
Keep good records Document every communication, decision, and outcome—especially when denying or conditioning an accommodation.
Join the reform conversation Landlord and investor associations should advocate for clearer definitions, stronger penalties for false claims, and safe-harbor protections for
housing providers.
Stay current With HUD guidance withdrawn, court cases and MHRC decisions will shape the next generation of rules.
Is This “Part of Doing Business”… or Time to Fight Back?
Some landlords swallow ESA requests as just another business cost. But that approach erodes margins and control.
Reform-minded operators view this as an opportunity to advocate for legislative clarity—a balanced system that protects both genuine medical needs and responsible property management.
The ESA system should not be a loophole for avoiding pet fees; it should be a legitimate tool for individuals with genuine mental health needs. Landlords deserve fair, consistent standards, too.
Opinion: The ESA Tightrope — A Property Manager’s Perspective
At HarborLight Property Management, we sit in one of the toughest seats in Maine real estate — right between the property owner and the tenant. Every week, we find ourselves walking the tightrope of fairness, compassion, and compliance.
When a “no pet” property receives an application from a tenant with an emotional
support animal (ESA), our first instinct is to protect our client’s most valuable asset — their property.
Owners rely on us to enforce their rules, manage risk, and maintain property integrity. Yet, federal and state fair housing laws draw a clear line: an ESA is not a pet.
That means we can’t charge a pet security deposit, a pet rent, or even a pet cleaning fee
— no matter how well-founded the owner’s concerns may be. And while that may sound simple in theory, in practice, it’s one of the most difficult conversations we have with
owners.
We often have to explain:
“Your no-pet policy still stands — except when it doesn’t. If a tenant provides proper ESA documentation, we must treat the animal as a reasonable accommodation under fair housing law.”
It’s not an easy conversation. Many owners understandably worry about property damage, allergies, and even insurance implications. At the same time, we work with tenants who genuinely rely on their support animals to live stable, healthy lives. These are often exceptional renters — responsible, respectful, and deeply appreciative of the opportunity to feel at home with their companion.
So, we navigate these tricky waters carefully:
We verify documentation from licensed providers.
We educate owners about their rights and limitations under Maine and federal law.
We support tenants who qualify for accommodations with professionalism and empathy.
And we monitor properties closely to ensure the animal’s presence doesn’t cause undue damage or nuisance.
Our goal is balance — to protect our clients’ investment while honoring the tenant’s
legitimate need for emotional support. That balance isn’t easy to strike, especially as ESA rules grow murkier and online “certifications” flood the market. But professionalism in property management means leading with compliance, not emotion — and protecting both people and property in equal measure.
At the end of the day, our responsibility is clear: Protect the owner’s asset. Uphold the law. Treat everyone with dignity. That’s what HarborLight stands for — even when the rules change faster than the leases we write.
Disclaimer
This article is for informational and educational purposes only. It does not constitute legal advice. Always consult a qualified attorney in Maine for guidance on
landlord-tenant, fair-housing, and ESA-related issues.
References
HUD Withdraws Wide-Ranging Fair Housing Policies — LeadingAge
https://leadingage.org/hud-withdraws-wide-ranging-fair-housing-policies/
Maine Human Rights Commission – Housing Service Animal Brochure
https://www.maine.gov/mhrc/sites/maine.gov.mhrc/files/inline-files/SvcAnimal Housing.pdf
Assistance Animals in Housing – Maine Human Rights Commission
https://www.maine.gov/mhrc/laws-guidance/housing/assistance-animals
Maine Legislature – Title 5 §4553 (definition of assistance animal)
https://www.mainelegislature.org/legis/statutes/5/title5sec4553.html
Proposed Bill Allowing Insurance or Deposits for Animals
https://mainelegislature.org/legis/bills/bills_127th/billtexts/HP015301.asp
McKnight’s Senior Living – HUD Faces Opposition on Guidance Withdrawal
https://www.mcknightsseniorliving.com/news/hud-faces-opposition-as-it-withdra ws-fair-housing-guidance/
MaineRealEstate PropertyManagement EmotionalSupportAnimals FairHousing MaineLandlords HUDCompliance
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