Know Your Rights What Changed in 2025 Case Database The Investigation About Report an Incident
Privacy Rights Report an Incident →
⚠️ NEW: HUD removed ESA tenant protections on September 17, 2025. The Fair Housing Act has not changed. We are documenting the impact.  Read the Investigation →

FAQ · Data Privacy

Pet Screening & Your Privacy Rights

Five questions tenants are asking about pet screening services, data collection, and what you can do about it.

Pet screening platforms have become a standard fixture in rental housing — yet most tenants have no idea what data is collected, where it goes, or what rights they have to control it. These five questions address what matters most.

1 Can a pet screening service sell my personal information?

In most states, yes — unless you actively invoke your rights to stop it. Most pet screening platforms operate as commercial data businesses. Their terms of service and privacy policies typically authorize them to share or sell your personal information with advertising networks, data brokers, affiliated companies, property management technology platforms, and other "business partners."

This includes the data you explicitly submitted (your name, address, pet photos, financial information, ESA documentation) as well as data collected passively (your IP address, device identifiers, geolocation, browsing behavior on their platform).

Key point: The sale of your data is not incidental to the pet screening business model — for many platforms, it is a core revenue stream. The per-screening fee you pay is one revenue source. Your data is another.

However, in states with consumer privacy laws — including California, Virginia, Colorado, Connecticut, Texas, Florida, Oregon, and others — you have a legally enforceable right to opt out of the sale of your personal information and to request deletion of the data they hold. You can exercise these rights even if you already completed the screening.

Relevant law: California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and equivalent state statutes
2 Can I be forced to submit my data to a third-party screening service?

As a practical matter, landlords who designate a specific pet vetting platform often make it a mandatory condition of the rental application. If you have a conventional pet, refusing to complete the designated screening will typically result in your application being denied.

The legal picture is more complex for tenants with emotional support animals. Under the Fair Housing Act (42 U.S.C. § 3604), tenants with disabilities have the right to request reasonable accommodations — including permission for an ESA — without being charged a fee to process that request. Courts have found that requiring a tenant to pay a third-party screening fee as part of the ESA accommodation process raises serious legal questions.

ESA-specific issue: If your landlord requires you to use a paid pet screening service to submit your ESA documentation, that requirement may not be permissible under the FHA. Courts have found similar arrangements impermissible — and the FHA statute has not changed, despite HUD's withdrawal of guidance on September 17, 2025.

If you have an ESA and your landlord is conditioning your accommodation approval on completing a paid third-party screening, document every communication. That documentation may support a HUD complaint or fair housing claim.

Relevant law: 42 U.S.C. § 3604 (Fair Housing Act)
3 What data do pet screening platforms typically collect?

Pet screening platforms typically collect a significant volume of personally identifiable information — far beyond what most tenants expect when they think they're just "registering their dog." Based on review of standard industry privacy policies, collection commonly includes:

  • Identity data: Full legal name, date of birth (in some cases), government ID for verification
  • Contact data: Home address, phone number, email address
  • Financial data: Income verification, employment information (varies by platform)
  • Pet data: Pet name, species, breed, weight, age, vaccination history, vet contact information, photos
  • ESA documentation: If you have an ESA — your mental health provider's name and contact, documentation type, and in some cases the underlying documentation itself
  • Technical data: IP address, device identifiers, browser type and version, operating system, geolocation (often collected automatically)
  • Behavioral data: Pages viewed, time on platform, clicks, form interaction patterns — collected via tracking technologies

The ESA data problem: ESA documentation by definition discloses a mental or emotional disability — a protected health-adjacent characteristic. This data flowing into a commercial platform's data pipeline raises questions that go beyond ordinary consumer privacy concerns, including potential implications under the Fair Housing Act's anti-discrimination framework.

Tenants often assume they're submitting data to their landlord. In reality, that data is entering a third-party commercial platform's database with its own data practices, retention policies, and monetization strategies.

4 Can I opt out of a pet screening service and still rent?

As a practical matter, this is often extremely difficult — and in many cases impossible, if the landlord has designated a specific platform as the only accepted submission method for pet and ESA documentation. The tenant's choice is typically binary: submit data or lose the unit.

This is what privacy lawyers call a "coerced consent" problem. Privacy regulators in California and other states have taken the position that consent is not meaningful when refusal results in significant harm — and losing housing is significant harm. Regulators have signaled scrutiny of take-it-or-leave-it data collection practices tied to essential services, though enforcement in the housing context remains an evolving area.

What you can do: Even if you cannot prevent the initial data collection — because you need the apartment — you can take action after the fact. Once you have submitted the screening, you can invoke your state privacy law rights to request deletion and opt out of the sale of your data. You do not need to prevent collection to exercise these rights; they apply retroactively to data already held.

For tenants with ESAs specifically: the question of whether a landlord can require a specific third-party platform submission as the exclusive method for processing an ESA accommodation request is a live legal question. Courts have not fully resolved it, but fair housing attorneys have argued it raises serious questions under the FHA. If you're in this situation, consult a fair housing attorney or file a report with HUD.

Relevant law: State consumer privacy statutes; 42 U.S.C. § 3604 (for ESA tenants)
5 What should I do if I believe a pet screening service violated my privacy?

Take these steps, in order:

  • Document everything immediately. Screenshot all communications with the landlord and the platform. Save copies of any confirmation emails from the screening service. Note the date you completed the screening and what data you submitted.
  • Send a formal data deletion request. Write to the pet screening platform invoking your state privacy law rights (see our template letter). Request (1) a full accounting of what data was collected, (2) deletion of all data, and (3) cessation of any sale of your information. Send it in writing — email creates a record.
  • Track the response deadline. Under most state privacy laws, companies must respond within 45 days. Mark your calendar. If they miss the deadline or refuse without legal justification, that may itself be a reportable violation.
  • File a complaint with your state Attorney General if they fail to comply. Most states with privacy laws have a free consumer complaint intake process. California's CPPA has a dedicated portal.
  • If you have an ESA: Also consider filing a fair housing complaint with HUD (free at hud.gov). The combination of a data privacy violation and an FHA violation may strengthen your overall position.
  • Consult a fair housing or consumer privacy attorney. Many take these cases on contingency or through legal aid organizations. The intersection of data privacy law and fair housing law is an emerging area where tenant-side attorneys are increasingly active.

Time limits matter. Fair Housing Act complaints must be filed within one year of the alleged violation. State privacy law claims have their own statutes of limitations. Don't wait — document and act now, even if you haven't decided whether to pursue formal action.

And report your experience to TenantPetRights.org. Your report is anonymous, contributes to the public record, and helps document the pattern that fair housing attorneys and advocacy organizations can use as a resource.

File a HUD complaint: hud.gov/program_offices/fair_housing_equal_opp/online-complaint · Free · No attorney required

Has a pet screening service collected or misused your data? Your report adds to the public record — anonymously.

Report Your Experience →