The question of whether landlords can charge pet rent for emotional support animals (ESAs) is a complex one. On the one hand, ESAs are considered to be service animals under the Fair Housing Act, and thus, landlords are generally prohibited from discriminating against tenants who have them. On the other hand, landlords are also allowed to charge reasonable fees for pets, and this includes ESAs.

Can Landlord Charge Pet Rent for Emotional Support Animal?

Can Landlord Charge Pet Rent or Fee for Emotional Support Animal (ESA)?

No, landlords cannot charge pet rent or fee for emotional support animals. Federal law protects emotional support animals as service animals under the Fair Housing Act. Service animals are defined as animals that are trained to perform tasks for an individual with a disability. Emotional support animals provide comfort and support to people with disabilities, but they are not trained to perform specific tasks.

However, landlords can charge reasonable fees to cover the costs of accommodating service animals. For example, they can charge a fee to cover the cost of cleaning or repairing damage caused by the animal. They can also charge a pet deposit, which is a refundable fee that is used to cover any damages caused by the animal.

What Are Reasonable Fees for Emotional Support Animals?

What constitutes a reasonable fee for an ESA is a bit of a gray area. The Department of Housing and Urban Development (HUD) provides some guidance on this issue. According to HUD, a reasonable fee is one that is:

  • 1. Directly related to the housing provider's actual costs
  • 2. Limited to the amount needed to cover the provider's actual costs
  • 3. Not discriminatory

    • HUD also says that a reasonable fee can include the costs of:

  • 1. Repairing damage caused by the animal
  • 2. Cleaning the animal's waste
  • 3. Providing a designated area for the animal

    • What If a Landlord Refuses To Waive Pet Fees for an Emotional Support Animal?

    If a landlord refuses to waive pet fees for an emotional support animal, 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 they find that the landlord has violated the Fair Housing Act.

    The tenant can also file a lawsuit against the landlord. If the tenant wins the lawsuit, they may be awarded damages, including the pet fees that they were charged.