Can Landlord Charge Pet Fee for ESA?
Emotional support animals (ESAs) are a type of assistance animal that provides comfort and support to people with disabilities. They are not considered pets, and therefore, landlords are generally not allowed to charge a pet fee for ESAs.
What is an ESA?
An ESA is an 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 licensed mental health professional.
Are ESAs Considered Pets?
No. ESAs are not considered pets. This means that landlords cannot charge a pet fee for ESAs. Landlords also cannot deny housing to tenants with ESAs.
What Are the Rights of Tenants with ESAs?
Tenants with ESAs have the right to:
- Live in housing with their ESA, regardless of the landlord's pet policy.
- Not be charged a pet fee or deposit for their ESA.
- Have their ESA accompany them in public places, even if pets are not normally allowed.
What Are the Responsibilities of Tenants with ESAs?
Tenants with ESAs have the responsibility to:
- Keep their ESA well-behaved and under control at all times.
- Clean up after their ESA.
- Not allow their ESA to damage the landlord's property.
- Provide the landlord with a letter from a licensed mental health professional stating that the animal is an ESA.
What If a Landlord Refuses to Allow an ESA?
If a landlord refuses to allow an ESA, the tenant can file a complaint with the Department of Housing and Urban Development (HUD). HUD can investigate the complaint and take action against the landlord, if necessary.
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