Can a Landlord Evict You Over an ESA Dispute?
“Having an ESA letter doesn’t mean you’re immune from eviction. It means you have protections — but those protections have limits. Knowing where the line is can save you from a painful legal battle.” — Shari Bowers, LMSW
The short answer is: it depends. A landlord cannot evict you simply for having a legitimate emotional support animal. But ESA status does not give you blanket immunity. This guide walks through exactly when a landlord can and cannot evict you over an ESA dispute — and what you need to do to protect yourself.
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⚖️ The Short Answer
A landlord cannot evict you simply for having a legitimate ESA. However, ESA status does not give you blanket immunity. A landlord may still evict for legitimate, non-discriminatory reasons — such as genuine safety threats, significant property damage, serious lease violations, or behavior that disrupts other tenants. The key is understanding where the protections end and where your responsibilities begin.
⚖️ Need a legitimate ESA letter to protect your housing?
Start Your Evaluation →Can an ESA Dispute Really Lead to Eviction?
The short answer is yes — but not for the reasons most people assume. A landlord cannot evict you simply because you have an emotional support animal. That would be discrimination under the Fair Housing Act. But ESA status does not make you immune from eviction. There are legitimate, non-discriminatory reasons a landlord can still pursue eviction — even if you have a valid ESA letter.
Why ESA Disputes Can Become Serious
ESA disputes escalate when there’s a mismatch between what tenants believe their ESA letter protects and what the law actually covers. Some tenants assume their ESA letter means they can never be evicted. That’s simply not true. Others don’t realize that illegal denial and legitimate eviction are two very different things.
ESA status protects your right to request a reasonable accommodation. It does not protect you from eviction for:
- Genuine safety threats (aggression, biting)
- Significant property damage
- Excessive, ongoing noise disturbances
- Violations of lease terms unrelated to the ESA
- Fraudulent or misleading documentation
ESA Protection Does Not Mean Immunity From Eviction
This is the single most important thing to understand: an ESA letter is a tool for requesting a reasonable accommodation. It is not a legal shield that prevents all eviction actions. If your animal’s behavior is genuinely problematic, or if you violate other lease terms, your ESA status won’t protect you.
The Difference Between an ESA Dispute and a Lease Violation
An ESA dispute centers on whether the animal is a protected assistance animal under the FHA. A lease violation is a failure to comply with the terms of your rental agreement. Some disputes start as ESA disagreements and then escalate into lease violations if the animal’s behavior becomes an issue.
What Tenants Should Know Before Responding
If your landlord raises a concern about your ESA, don’t ignore it. Ignoring the issue won’t make it go away. It will almost always make things worse. Respond professionally, document everything, and understand your rights — and your responsibilities.
Can an ESA Lead to Eviction?
The Short Answer
Yes, an ESA can lead to eviction — but only for legitimate, non-discriminatory reasons. Having an ESA alone is not grounds for eviction.
When ESA-Related Eviction May Be Unlawful
Eviction is unlawful if it’s based solely on the presence of a legitimate ESA, the tenant’s disability, or retaliation for requesting an accommodation.
When Eviction May Still Be Possible
Eviction may be possible if the animal poses a genuine threat, causes significant damage, creates persistent disturbances, or if the tenant violates other lease terms.
Why the Specific Facts Matter
Every case is different. The outcome depends on the specific facts — the animal’s behavior, the documentation, the lease terms, and the landlord’s actions.
Understanding ESA Housing Protections
Fair Housing Act and Assistance Animals
The FHA prohibits housing discrimination based on disability and requires landlords to make reasonable accommodations for assistance animals, including ESAs.
Reasonable Accommodation
A reasonable accommodation is a change to housing rules or policies that allows a person with a disability to have equal opportunity to use and enjoy their housing.
ESA vs. Ordinary Pet
An ESA is an assistance animal that provides therapeutic benefit for a diagnosed disability. A pet is kept for companionship without a clinical need.
No-Pet Policies and Assistance Animals
A no-pet policy cannot be applied automatically to a legitimate ESA request. The landlord must evaluate the request individually.
What an ESA Letter Does and Does Not Protect
An ESA letter supports a reasonable accommodation request. It does not guarantee approval, excuse behavior, or make you immune from eviction.
When a Landlord Cannot Evict You Simply for Having an ESA
Properly Requested Reasonable Accommodation
If you’ve properly requested a reasonable accommodation and have legitimate documentation, the landlord cannot evict you solely for having the ESA.
Valid Disability-Related Need
If a licensed professional has documented a genuine disability-related need for the animal, that’s protected under the FHA.
Reliable Supporting Documentation
A legitimate ESA letter from a licensed mental health professional is protected documentation.
Protected Assistance Animal
If the animal qualifies as an assistance animal under the FHA, the landlord cannot evict you just because of its presence.
Retaliatory or Discriminatory Eviction
Eviction in response to an ESA request or because of a disability is illegal retaliation and discrimination.
When an ESA-Related Eviction May Be Legal
Genuine Health or Safety Threat
If the animal poses a documented, evidence-based threat to health or safety, the landlord can take action.
Significant Property Damage
Repeated or significant damage caused by the animal can be grounds for eviction. You remain responsible for damage.
Serious Lease Violations
Violations of lease terms that are unrelated to the ESA — like non-payment of rent or other breaches — can still lead to eviction.
Excessive Noise or Disturbance
Persistent, excessive noise that disrupts other tenants can be a legitimate basis for eviction.
Failure to Follow Reasonable Housing Rules
If you refuse to follow reasonable rules that apply to all tenants — like cleaning up after the animal — eviction may follow.
Lack of a Qualifying Disability-Related Need
If you don’t have a qualifying disability or the animal doesn’t provide therapeutic benefit, the ESA isn’t protected.
Fraudulent or Misleading Documentation
Using a fake ESA letter or misleading documentation is serious and can lead to eviction and other consequences.
Other Independent Grounds for Eviction
Any legitimate, non-discriminatory reason for eviction can still apply — ESA status doesn’t change that.
Can a Landlord Deny an ESA Before Evicting You?
Denial of a Reasonable Accommodation
A landlord can deny a reasonable accommodation request under certain circumstances — like undue burden or direct threat.
Requests for Additional Documentation
A landlord can request reliable documentation to support the disability-related need. They can’t demand excessive or irrelevant information.
Undue Delay
Landlords must respond to accommodation requests in a reasonable timeframe. Unreasonable delay can be a form of denial.
Improper Verification
Landlords can verify documentation by contacting the provider, but they can’t harass or demand unnecessary medical details.
What a Tenant Can Do After a Denial
If your ESA is denied, you can request the reason in writing, appeal the decision, or file a fair housing complaint. See what happens if a landlord illegally denies your ESA for more.
Can a Landlord Evict You for Having a Fake ESA Letter?
- Why Fake Documentation Is Serious — Using fraudulent documentation is not just a housing issue; it can have legal consequences.
- Forged Letters and False Information — Forged signatures, fake provider names, and fabricated license numbers are all serious offenses.
- Online ESA Scams — Many websites sell fake letters, registrations, and ID cards. These carry no legal weight and can put you at risk. See how to spot a fake ESA letter website.
- Consequences of Misrepresentation — Eviction, lease termination, legal liability, and damage to your housing record.
- How to Verify a Legitimate ESA Letter — Check the provider’s license, verify through the state board, and ensure the letter includes all required elements. See how to spot a fake ESA letter.
Can a Landlord Charge Fees and Then Threaten Eviction?
| Charge Type | Where It Generally Stands |
|---|---|
| Pet Rent | Cannot be charged specifically for the ESA |
| Pet Fees | Cannot be charged specifically for the ESA |
| Pet Deposits | Cannot be charged specifically for the ESA |
| ESA-Specific Charges | Generally prohibited |
| Security Deposits | Standard, refundable security deposits are generally allowed |
| Charges for Actual Damage | You remain responsible for damage caused by your ESA |
| Disputing Improper ESA Charges | Document everything and reference the FHA protections |
For the full breakdown, see can landlords charge pet deposits for ESAs and do apartments waive pet fees for ESAs.
Can a Landlord Evict You Because of ESA Behavior?
Aggression
Documented aggressive behavior is a legitimate concern regardless of ESA status.
Biting
A bite history can be grounds for eviction if it poses a genuine threat.
Excessive Barking or Vocalization
Persistent noise that disturbs neighbors can become a housing issue.
Property Damage
Repeated or significant damage can be grounds for eviction.
Hygiene Problems
Failure to clean up after the animal or maintain hygiene is a legitimate concern.
Neighbor Complaints
Documented complaints can factor into a landlord’s evaluation.
Animal Control Issues
Involvement with animal control can be evidence of a problem.
Responsible ESA Ownership
Responsible owners manage their animals proactively. ESA status is not a free pass.
For more on what landlords can consider, see when a landlord can legally reject an ESA.
Can a Landlord Evict You Because of Breed or Size?
Breed Restrictions
Breed restrictions cannot be applied automatically to a legitimate ESA. The landlord must evaluate the specific animal.
Weight Restrictions
Blanket weight limits cannot automatically override a legitimate ESA request.
Species Restrictions
Species-specific bans cannot be applied automatically to ESA requests.
Large Animals
Size can be a legitimate consideration for safety and space, but it requires individualized evaluation.
Individualized Assessment
Each request must be evaluated individually, considering the specific animal and housing situation.
Insurance-Related Concerns
Insurance restrictions may be relevant but still require individualized assessment.
Health and Safety Considerations
Genuine safety concerns can be considered, but they must be evidence-based, not speculative.
For more on size and breed restrictions, see breed and weight restrictions and ESAs.
Can a Landlord Ask About Your Diagnosis?
Disability-Related Information
A landlord can ask for reliable documentation of a disability-related need — not your specific diagnosis.
Diagnosis vs. Disability
The landlord doesn’t need to know your specific diagnosis — just that you have a disability requiring the accommodation.
Medical Privacy
Your medical details are protected. A legitimate ESA letter should confirm the need without revealing unnecessary information.
What Documentation May Be Relevant
A letter from a licensed professional is the appropriate documentation — not a detailed medical history.
Requests for Excessive Medical Information
Landlords who demand excessive details may be overstepping their legal bounds.
For more, see can a landlord ask about your diagnosis.
The Eviction Process in an ESA Dispute
- Verbal Warning — The landlord may raise concerns informally at first.
- Written Notice — A formal written notice of the issue should follow.
- Notice to Cure or Comply — You may be given a deadline to fix the problem.
- Notice to Vacate — If the issue isn’t resolved, you may receive a notice to leave.
- Court Proceedings — If you don’t leave, the landlord may file an eviction lawsuit.
- Tenant’s Opportunity to Respond — You have the right to respond in court.
- Why You Should Not Ignore Legal Notices — Ignoring notices makes things worse and can lead to default judgments against you.
What to Do If Your Landlord Threatens Eviction
Stay Calm and Avoid Verbal Escalation
Emotional responses can make things worse. Stay calm and professional.
Ask for the Reason in Writing
Request a written explanation of the issue. This protects you and clarifies the landlord’s position.
Review Your Lease
Check your lease to understand what you actually agreed to.
Review Your ESA Documentation
Ensure your ESA letter is current, legitimate, and meets all requirements.
Request Reasonable Accommodation in Writing
If you haven’t already, submit a formal reasonable accommodation request.
Preserve All Communications
Save emails, texts, letters, and notes from conversations.
Respond Within Applicable Deadlines
Meet all deadlines. Missing deadlines can cost you your case.
Seek Housing or Legal Assistance When Appropriate
If the dispute escalates, consider legal assistance or contacting a fair housing agency.
What to Do If You Receive an Eviction Notice
- Read the Notice Carefully — Understand exactly what the landlord is claiming.
- Identify the Alleged Lease Violation — What specific rule or term are you accused of violating?
- Check the Dates and Deadlines — Don’t miss any deadlines.
- Gather Your ESA Letter — Have your documentation ready.
- Gather Your Accommodation Request — Have a copy of your written request.
- Save Emails and Messages — Preserve all communications with the landlord.
- Document the Animal’s Condition and Behavior — Keep records of veterinary care, training, and behavior.
- Do Not Ignore a Court Notice — Show up to court if you receive a summons.
How to Respond to an ESA Eviction Dispute
- Write a Clear Response — Address the landlord’s concerns directly.
- Confirm Your Accommodation Request — Reiterate that you have a legitimate ESA accommodation request.
- Address Legitimate Landlord Concerns — If there’s a real issue, acknowledge it and propose a solution.
- Correct Factual Errors — If the landlord has incorrect information, correct it politely.
- Avoid Admitting to Violations You Did Not Commit — Be honest but don’t admit to things that aren’t true.
- Keep Communication Professional — Stay calm and professional in all communications.
- Request a Written Decision — Ask the landlord to put their final decision in writing.
Evidence That Can Help Your Case
ESA Letter
Your legitimate ESA letter from a licensed professional
Mental Health Professional Information
Provider name, credentials, and license information for verification
Reasonable Accommodation Request
Your written request for the accommodation
Lease Agreement
A copy of your lease showing the pet policy
Pet Policy
Any written pet policies from the landlord
Landlord Communications
Emails, texts, and letters from the landlord
Eviction Notices
All notices you’ve received
Payment Records
Proof of rent payments
Photos and Videos
Documentation of the animal’s condition, the property, and any damage
Veterinary Records
Proof of regular veterinary care
Property Damage Documentation
Evidence of the condition of the property before and after
Timeline of Events
A clear timeline of everything that happened
Landlord’s Rights During an ESA Dispute
Enforcing Legitimate Lease Rules
Landlords can enforce lease rules that apply to all tenants — as long as they’re applied consistently.
Addressing Actual Property Damage
Landlords can address and charge for actual, documented property damage.
Addressing Genuine Safety Concerns
Landlords can take action if an animal poses a genuine safety threat.
Responding to Excessive Disturbances
Landlords can address persistent, excessive noise or disturbances.
Requesting Appropriate Documentation
Landlords can request reliable documentation to verify the ESA need.
Taking Action for Independent Lease Violations
Landlords can take action for lease violations that are unrelated to the ESA.
Avoiding Discrimination and Retaliation
Landlords must avoid discrimination and retaliation against tenants with disabilities.
Tenant’s Responsibilities With an ESA
- Keep the Animal Under Control — You’re responsible for your animal’s behavior.
- Prevent Property Damage — Take reasonable steps to prevent damage.
- Address Legitimate Noise Problems — Manage noise levels and respond to complaints.
- Maintain Appropriate Hygiene — Clean up after your animal and maintain a clean living space.
- Follow Applicable Animal Laws — Comply with local animal control and licensing requirements.
- Cooperate With Reasonable Housing Procedures — Work with the landlord on reasonable requests.
- Pay for Actual Damage When Legally Required — You’re responsible for damage your animal causes.
- Keep Documentation Current and Authentic — Ensure your ESA letter is current and legitimate.
ESA Disputes in Different Housing Situations
Apartments
Larger buildings often have more formal pet policies. Disputes often involve noise and common areas.
Condominiums
HOAs may have additional rules that affect ESA accommodations. State law may require HOA compliance with FHA protections.
Townhouses
Shared walls mean noise is a common concern. Property damage can affect multiple units.
Duplexes
Fewer units often means more direct landlord interaction. Noise can still be a significant issue.
Single-Family Rentals
Landlords may be less familiar with ESA laws. Be prepared to educate them on your rights.
Mobile Homes
Park rules may apply. Landlord obligations can vary depending on whether you own or rent the lot.
College Housing
Different rules apply. See ESA rights for college dorms for specifics.
Shared Housing
Roommate disputes can complicate ESA accommodations. Open communication is essential.
HOA and Community Restrictions
HOAs may have additional rules, but they must generally comply with fair housing laws.
ESA Disputes and Roommates
When a Roommate Objects
Roommate objections can complicate ESA accommodations. Open communication is key.
Allergies and Other Health Concerns
Genuine health concerns from roommates may need to be addressed. Reasonable accommodations may be needed for multiple parties.
Safety Concerns
Genuine safety concerns from roommates should be taken seriously. The landlord may need to mediate.
Shared Common Areas
Animals in shared spaces require clear agreements. Boundary-setting is important for harmonious living.
Finding a Reasonable Solution
Accommodation isn’t just about the tenant with the ESA — it’s about balancing everyone’s needs.
When the Dispute Becomes a Housing Issue
If roommate disputes escalate, the landlord may need to get involved. Document everything.
ESA Retaliation vs. Legitimate Enforcement
What Retaliation Can Look Like
Sudden lease enforcement, threats after an ESA request, new fees or penalties, or eviction threats in response to an accommodation request.
Sudden Lease Enforcement
Enforcing lease terms inconsistently — especially after an ESA request — can be evidence of retaliation.
Threats After an ESA Request
Direct threats in response to an ESA request are a red flag.
New Fees or Penalties
New fees or penalties introduced after an ESA request may be retaliatory.
Eviction Threats
Eviction threats in response to an ESA request can be retaliation.
Documenting a Pattern of Conduct
Document everything — dates, times, and details of all interactions.
Why Timing Alone Does Not Prove Retaliation
Timing can be suggestive, but it’s not proof on its own. A pattern of conduct matters.
For more on illegal denials and retaliation, see what happens if a landlord illegally denies your ESA.
Federal and State Housing Protections
Federal Fair Housing Act
The FHA provides the baseline protections for ESAs. It prohibits disability discrimination in housing.
State Fair Housing Laws
Many states have additional protections beyond the FHA. Some states have specific assistance animal provisions.
Local Housing Rules
Local ordinances may provide additional protections or specific requirements.
Why State Law Can Provide Additional Protections
State law can expand on federal protections. Always check your state’s laws.
Checking the Rules Where You Live
Check with your state’s fair housing agency or a local tenant rights organization. See our state requirements guide for more.
What If the Landlord Says the ESA Is “Not Legitimate”?
Verifying the Mental Health Professional
Ensure your provider is licensed in your state and in good standing.
Reviewing the ESA Letter
Check that your letter includes all required elements — provider name, credentials, license number, and signature.
Appropriate Documentation Requests
Landlords can request reliable documentation, but they can’t demand excessive or irrelevant information.
Responding to Verification Requests
Your provider should be willing to respond to legitimate verification requests.
Distinguishing Legitimate Verification From Harassment
Repeated or excessive requests for information can be harassment. Document everything.
For more on verification, see how landlords verify ESA letter legitimacy.
What If the Landlord Says the ESA Is “Just a Pet”?
Explaining Disability-Related Need
Explain that the ESA provides therapeutic benefit for a diagnosed disability.
Difference Between Pet Ownership and Assistance Animals
A pet is kept for companionship without a clinical need. An ESA is recommended by a licensed professional for a disability.
Providing Appropriate Documentation
Provide your legitimate ESA letter and explain the protections under the FHA.
Responding Without Over-Sharing Medical Information
You don’t need to share your diagnosis. The letter should confirm the need without unnecessary clinical details.
How to Prevent an ESA Dispute From Escalating
- Request Accommodation Early — Don’t wait for a problem. Submit your request proactively.
- Communicate in Writing — Written communication creates a paper trail and reduces misunderstandings.
- Keep Documentation Organized — Keep your ESA letter, lease, and all communications in one place.
- Address Animal Behavior Promptly — If issues arise, address them immediately.
- Maintain Good Tenant Records — Pay rent on time and follow lease terms.
- Respond to Landlord Concerns Professionally — Don’t ignore complaints. Respond professionally and constructively.
- Know Your Local Deadlines — Know the deadlines for responding to notices and accommodation requests.
ESA Eviction Dispute Checklist
- Valid ESA Documentation — Legitimate ESA letter from a licensed professional
- Written Accommodation Request — Copy of your reasonable accommodation request
- Lease and Pet Policy — Current lease and any pet policies
- Landlord Communications — All emails, texts, and letters
- Eviction or Warning Notices — All notices received
- Evidence of Responsible Ownership — Veterinary records, training records
- Property Damage Records — Documentation of property condition
- Veterinary Records — Regular veterinary care documentation
- Applicable State and Local Rules — State and local housing laws
- Important Deadlines — All deadlines for responses and court appearances
Common Myths About ESA Evictions
Myth: A Landlord Can Never Evict an ESA Owner
Fact: ESA status does not make you immune from eviction for legitimate reasons like safety, damage, or lease violations
Myth: An ESA Letter Makes Every Lease Rule Invalid
Fact: ESA status does not override all lease terms. You’re still bound by reasonable rules applied consistently
Myth: A Landlord Can Evict You Immediately After an ESA Request
Fact: Retaliatory eviction is illegal. But landlords can take action for independent, legitimate reasons
Myth: ESA Owners Never Pay for Property Damage
Fact: You remain responsible for damage your animal causes, regardless of ESA status
Myth: Landlords Can Charge Any Pet Fee
Fact: Pet fees, deposits, and rent cannot be charged specifically for ESAs
Myth: Every ESA Dispute Is Housing Discrimination
Fact: Not every dispute is discrimination. Legitimate concerns about behavior or damage are valid
Myth: Every Eviction Threat Is Automatically Illegal
Fact: Eviction threats for legitimate, non-discriminatory reasons are not automatically illegal
Myth: An ESA Letter Guarantees Permanent Housing
Fact: ESA status is not a guarantee of permanent housing. Behavior, lease compliance, and other factors still matter
Frequently Asked Questions
Not solely for having a legitimate ESA. However, a landlord may evict for legitimate, non-discriminatory reasons such as genuine safety threats, significant property damage, or serious lease violations — even if you have an ESA.
Yes, if there are independent, legitimate reasons for eviction — such as the animal causing significant damage, posing a direct threat, or the tenant violating other lease terms unrelated to the ESA.
ESA status does not excuse aggressive, destructive, or excessively disruptive behavior. A landlord can take action if the animal poses a genuine threat, causes significant damage, or creates persistent disturbances.
Yes. ESA status does not exempt you from responsibility for damage your animal causes. You remain financially and legally responsible for property damage, and repeated damage could be grounds for eviction.
Yes, if the noise is genuinely excessive, persistent, and disruptive to other tenants. ESA status does not excuse behavior that interferes with others’ right to quiet enjoyment of their homes.
A landlord cannot evict you simply for requesting or having a legitimate ESA. However, if they lawfully deny the accommodation and the animal violates a valid lease term, eviction proceedings could follow.
Generally no. Pet deposits, monthly pet rent, and pet fees cannot be charged specifically because of the animal’s ESA status. However, standard security deposits and charges for actual documented damage may still apply.
A landlord can ask for reliable documentation of a disability-related need, but they cannot demand your specific diagnosis or detailed medical history. A legitimate ESA letter should confirm the need without revealing unnecessary clinical details.
Yes. Landlords can and often do verify ESA letters by contacting the licensed professional who issued them and checking state licensing boards to confirm the provider is legitimate.
Yes. Using fraudulent documentation is serious. It can be grounds for eviction, lease termination, and potentially legal consequences beyond housing. Always use a legitimate, licensed provider.
Stay calm, ask for the reason in writing, review your lease and ESA documentation, preserve all communications, respond within applicable deadlines, and seek legal assistance if needed.
Read the notice carefully, identify the alleged violation, check deadlines, gather your ESA letter and accommodation request, save all communications, and do not ignore a court notice.
Yes. If you believe the landlord is discriminating based on disability, you may file a fair housing complaint with HUD or your state’s fair housing agency.
Retaliation for requesting a reasonable accommodation is illegal under the Fair Housing Act. If you believe retaliation is occurring, document everything and consider filing a complaint.
Yes. Some states offer additional protections beyond the federal Fair Housing Act. Check your state’s fair housing laws and any specific assistance animal provisions.
Bottom Line
- A landlord cannot evict you solely for having a legitimate ESA — that would be disability discrimination
- But ESA status does not make you immune — landlords can still evict for genuine safety threats, significant property damage, excessive noise, or serious lease violations
- Your responsibilities matter — keep your animal under control, prevent damage, and follow reasonable housing rules
- Documentation is your first defense — a legitimate ESA letter from a licensed professional is essential
- Don’t ignore notices — respond promptly and professionally to any landlord concerns
- Know your rights and your responsibilities — the FHA protects you, but it doesn’t give you unlimited rights
- If you’re facing an eviction dispute, see our guide on ESA eviction disputes for more
- If you need a legitimate ESA evaluation from a licensed professional, start here.
Need a legitimate ESA letter to protect your housing?
About the Author
Sources & Further Reading
Primary government guidance and authoritative organizations that inform the legal information in this guide.
Federal Guidance & Regulations
- Assistance Animals — U.S. Department of Housing and Urban Development (HUD)Primary Source
- May 22, 2026 Enforcement Guidance Memo (Current), HUD Office of Fair Housing and Equal OpportunityPrimary Source
- FHEO Notice 2020-01 — Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation (Historical, Rescinded 2025), HUD
- U.S. Fair Housing Act (FHA) Overview — HUD
- ADA Service Animal Requirements — U.S. Department of Justice