Can I Be Charged Pet Rent for an ESA?
Emotional support animals (ESAs) provide comfort and support to individuals with disabilities. While ESAs are not considered pets, some landlords may still try to charge pet rent for them. However, under the Fair Housing Act (FHA), landlords are generally prohibited from charging pet rent or fees for ESAs.
What is an Emotional Support Animal (ESA)?
An ESA is a companion animal that provides emotional support to a person with a disability. ESAs can be any type of animal, but they are most commonly dogs or cats.
To qualify as an ESA, the animal must be prescribed by a mental health professional. The prescription must state that the animal is necessary to help the individual with their disability.
Are Landlords Allowed to Charge Pet Rent for ESAs?
No. Under the FHA, landlords are generally prohibited from charging pet rent or fees for ESAs. This is because ESAs are not considered pets. They are considered to be assistive devices, like wheelchairs or hearing aids.
However, there are some exceptions to this rule. For example, landlords may be able to charge pet rent for ESAs if the animal causes damage to the property or if the animal poses a threat to the health or safety of others.
What Can I Do if My Landlord Is Trying to Charge Me Pet Rent for My ESA?
If your landlord is trying to charge you pet rent for your ESA, you can take the following steps:
1. Contact your landlord and explain that ESAs are not considered pets under the FHA. Provide your landlord with a copy of your ESA prescription.
2. If your landlord continues to insist on charging you pet rent, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD is responsible for enforcing the FHA.
Conclusion
Landlords are generally prohibited from charging pet rent or fees for ESAs. If your landlord is trying to charge you pet rent for your ESA, you can contact your landlord and explain that ESAs are not considered pets under the FHA. You can also file a complaint with HUD.
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