Emotional support animals (ESAs) are animals that provide comfort and emotional support to people with disabilities. They are not considered pets, and as such, landlords are not allowed to charge pet rent or fees for ESAs. However, some landlords may try to charge pet rent or fees for ESAs, claiming that they are not covered by the Fair Housing Act (FHA). This is not true. The FHA clearly states that ESAs are not considered pets and that landlords cannot charge pet rent or fees for them.

Can Apartments Charge Pet Rent for Emotional Support Animals?

What is an Emotional Support Animal?

An emotional support animal (ESA) is a pet that provides therapeutic benefits to its owner. ESAs can be any animal, including dogs, cats, rabbits, and birds. To qualify as an ESA, the animal must be prescribed by a mental health professional who is licensed in the state where the animal will reside.

ESAs provide a number of benefits to their owners, including:

  • Reducing anxiety and stress
  • Improving mood
  • Increasing social interaction
  • Providing a sense of purpose
  • Improving sleep

Can Apartments Charge Pet Rent for Emotional Support Animals?

No, apartments cannot charge pet rent for emotional support animals. The Fair Housing Act (FHA) prohibits landlords from discriminating against tenants with disabilities. This includes charging pet rent or fees for ESAs. Landlords must allow tenants to keep their ESAs in their apartments, even if the landlord has a no-pets policy.

If you are a tenant with a disability and you have an ESA, you should provide your landlord with a letter from your mental health professional stating that you have a disability and that your ESA is necessary for your treatment. You can find a sample letter from the National Alliance on Mental Illness (NAMI) here: https://www.nami.org/Support-Education/Publications-Booklets/Legal-Advocacy/Housing-Guide-for-People-with-Mental-Illness

What if My Landlord Refuses to Allow My ESA?

If your landlord refuses to allow your ESA, you can file a complaint with the Department of Housing and Urban Development (HUD). HUD is the federal agency responsible for enforcing the FHA. You can file a complaint with HUD online or by calling 1-800-669-9777.

HUD will investigate your complaint and take action if necessary. HUD can require your landlord to allow your ESA and to pay you damages for any discrimination you suffered.