Can I Get My Pet Deposit Back with an ESA Letter?

As someone with an emotional support animal (ESA), you may have encountered situations where landlords or property owners request a pet deposit. While it is common practice to charge a pet deposit for traditional pets, the rules can be different for ESAs.

Understanding the Fair Housing Act (FHA)

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. Under the FHA, ESAs are considered "assistive animals," and landlords are generally prohibited from charging pet deposits or fees for ESAs.

Providing an ESA Letter

To claim your rights under the FHA, you must provide your landlord with a letter from a qualified mental health professional stating that you have a disability and that your ESA provides emotional support for your condition. The letter should be on the professional's letterhead and include:

• Your name and contact information
• The professional's name, license number, and contact information
• A statement that you have a disability as defined by the FHA
• A statement that your ESA provides emotional support for your disability
• A statement that the ESA is necessary for your health or well-being

Responding to Pet Deposit Requests

If your landlord requests a pet deposit despite providing an ESA letter, you can take the following steps:

• Send a written response: Politely remind your landlord that ESAs are considered assistive animals under the FHA and that charging a pet deposit for an ESA is a violation of the law. Include a copy of your ESA letter.
• File a complaint with the Department of Housing and Urban Development (HUD): If your landlord refuses to comply with the FHA, you can file a complaint with HUD. HUD has the authority to investigate complaints and take enforcement action against landlords who violate the FHA.
• Seek legal advice: If you encounter resistance or retaliation from your landlord, you may want to consult with an attorney who specializes in fair housing law. An attorney can help you understand your rights and options and potentially represent you in a legal action against your landlord.

Conclusion

Understanding your rights under the FHA is crucial for ensuring fair housing practices for individuals with ESAs. By providing an ESA letter and asserting your rights, you can challenge pet deposit requests and secure your right to have your ESA without additional financial burdens.