If you use an Emotional Support Animal (ESA) to assist with your mental or emotional health, then you might be wondering the following: Does an ESA letter expire? The short answer is: there is no broad legal regulation regarding the expiration of ESA letters; however, as a practice, many landlords, organizations, and providers regard older letters as unusable or inadequate. While this is not a legal guideline, it may be sensible to periodically re-establish your ESA letter. We will discuss the particulars, the specific legal context, best practices, as well as how ESAClinic.com can assist you in this article.
What is an ESA letter — and why is it important
An ESA letter is a formal letter created by a qualified, licensed mental health professional (like a therapist, psychologist, psychiatrist, or licensed counselor). It states that:
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You have a mental health or emotional disability (or condition) recognized under the applicable laws.
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The support of the emotional support animal alleviates one or more symptoms of that disability.
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The letter is used to justify your request for a reasonable accommodation (to housing) or other legal protections, where applicable.
Since ESAs are NOT service animals, the legal protections offered are typically limited in scope (e.g., housing laws, but not necessarily to allow access or travel on an airplane). The validity and acceptance of an ESA letter are built heavily upon its recency, documentation, and credibility.
Legal Context & Uncertainty of Expiration
One complicating factor is that there are federal laws (like the Fair Housing Act, which discusses housing with ESAs) that do not affirmatively require a termination date for ESA letters. There are, broadly speaking, requirements for the housing provider to consider documentation from a licensed professional describing the disability and the need for an ESA, but those requirements come with no specificity as to how old that documentation might be.
Because there is no explicit “expiration” rule:
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Certain mental health care providers compose letters that meet the requirement of implicitly “expiring” after 12 months (or include phrases like “valid for a year”)
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Some housing providers or landlords may require the ESA letter to be relatively recent (for example, within the last year)
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In some courts or resolution settings, it may not favor excessively old letters, especially if the person’s condition or circumstances may have changed.
In other words, while the ESA letter does not technically “expire” in federal law, its usefulness or truthfulness in practice does expire.
Prevalent Practice: 12-month Validity
In reality, it is common for mental health care professionals, ESA services, and housing services to operate under the assumption of 12-month validity. A few examples of ESAs seen in practice include:
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A number of ESA letter services and information resources state that ESA letters “expire after one year” or “must be renewed every year.”
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Landlords frequently require letters dated to within 12 months, or less, when a tenant moves in or renews a lease.
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A therapist, or provider, may be unwilling to verify or “validate” to others a letter more than one year old because they do not feel comfortable that the condition and/or the need for an ESA is unchanged.
If someone were to contact the original provider to verify an ESA letter years later, the provider may refuse verification, especially if they are not aware of any recent interaction.
To illustrate, ESA Doctors point out that if you have not seen your provider in over a year, they may not feel comfortable validating an old letter. According to ESA Doctors, the other source also states that after one year, most letters are considered expired and must be renewed for your housing or travel needs. So, even though there is no law regarding “expiration,” a twelve-month timeframe is practically used by many providers.
When an Older ESA Letter May Be Refused
Below are situations when an outdated (expired) ESA letter could raise a challenge or denial:
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Landlord or housing provider requests an updated letter – Many landlords will include in their rental policy that ESA documentation needs to be “current” or no older than 12 months. If your letter is older than that, they may want an updated letter before they agree to the accommodation.
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Lease renewal or new tenancy – If you are renewing a lease with a landlord, or even starting a fact tenancy process, a landlord may want new ESA documentation rather than relying on a previously submitted letter.
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Change of property management or ownership – In some cases, a property management partnership may insist on more documentation, even if you have a documentation last submitted in less than a year, which they may fear will be “stale”.
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Requests for Verification – A landlord may call the professional who issued the letter and inquire about its legitimacy; if the professional does not verify, the letter might be viewed as null and void in that scenario.
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Change in condition or need – If your mental health condition has improved, gotten worse, or changed since the date of the letter, an old ESA letter may no longer represent your current qualified status, or your provider might choose not to support old opinions.
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Concerns over the use of fraudulent letters – Old letters may create an impression of fraudulent or misused documentation, especially if the letter was provided by a professional known to have very loose qualifications.
So while an old letter could still be viewed as valid, it is not advisable to have an ESA letter taken as valid that is multi-year old. Using an ESA letter that is so old and has no direct follow-up with the provider presents a real disadvantage when seeking to use that letter to establish rights.
Best Practice: Renew Annually (or More Often)
Considering the practical situation, here’s a recommended strategy for keeping your ESA letter current and applicable:
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Plan to Re-Evaluate Every Year – Even if your mental health is stable, you will want to plan to consult with your therapist or provider every 12 months to assess whether your mental health continues to warrant an ESA. This establishes a current basis for recertification.
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Request a New Dated Letter – If you are looking to re-certify your letter, be sure to get a new, dated ESA letter that specifically recertifies your disability and need for an ESA. Having the new date is nice for those who ask for current documentation.
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Keep Documentation of the Visit/Consultation – Preserve any records (notes, receipts, communications) from the specialist you consulted with. If anyone does question your letter, you will have supporting evidence that there was a legitimate ESA evaluation.
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Stay Informed of Local/State Rules – Some states/jurisdictions can have local requirements that may be additional or stricter than the federal regulations. Make sure your renewed letter attends to any local requirements.
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Use A Valid Service or Clinic – Utilize a valid provider or clinic that follows state licensing regulations, documentation standards, and meets legal obligations for supporting animals; for example, ESAClinic.com offers ESA evaluations and documentation and follows the legal protocols.
By following this approach, you will decrease the potential for your letter to be rejected because it is over three years old or does not meet the state requirements.
What Should You Do if Your ESA Letter is Denied Due to Expiration?
In the case your old ESA letter is denied, here’s the process:
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You may get a new ESA letter – Reach out to your existing or a new licensed mental health professional, reassess your status, and get a new ESA letter.
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Act Quickly – When you have a new ESA letter, provide it to the landlord or decision-maker, along with any minor explanation or supporting evidence.
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Request temporary acceptance – If you are mid-lease, consider gently requesting, if possible, an acceptance temporarily as you submit your new documents.
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Know your rights – Reasons for disability and reasonable accommodations are protected in the Fair Housing Act. Even if the denial of your previous ESA letter was the basis for its denial, the landlord is still expected to “engage with good faith” with your new documentation nd new request.
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Don’t try to submit a fraudulent letter. – If you need to submit a different letter in consideration of a previous letter but had no other options, don’t simply reissue an old letter by adding an addendum to the original letter or back-dating signatures. Better to get a legitimate assessment resulting in a valid letter.
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Seek legal or advocacy assistance. – If your ESA was wrongly rejected for a reason related to your previous documentation, you can speak with a housing rights organization or disability advocacy group.
