Can Landlords Charge Pet Rent for ESA?

Emotional support animals (ESAs) are animals that provide comfort and support to people with disabilities. They are not considered to be pets, and as such, landlords are not allowed to charge pet rent or fees for ESAs. However, there are some exceptions to this rule.

What the Law Says

The Fair Housing Act (FHA) is the federal law that prohibits discrimination against people with disabilities in housing. The FHA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. ESAs are considered to be a reasonable accommodation for people with disabilities under the FHA.

The FHA also prohibits landlords from charging pet rent or fees for ESAs. This means that landlords cannot charge a monthly fee for an ESA, or require a pet deposit. Landlords also cannot refuse to rent to someone with an ESA, or evict someone because they have an ESA.

Exceptions to the Rule

There are a few exceptions to the rule that landlords cannot charge pet rent or fees for ESAs. These exceptions include:

• Reasonable accommodation. Landlords are allowed to charge a reasonable accommodation fee for ESAs. This fee is intended to cover the cost of any damage that the ESA may cause to the property.
• Pet deposit. Landlords may also require a pet deposit for ESAs. This deposit is refundable at the end of the lease term, minus any costs for damages caused by the ESA.
• Pet rent. Landlords may charge pet rent for ESAs in some cases. However, the pet rent must be reasonable, and it must be the same amount that the landlord charges for other pets.

How to Avoid Paying Pet Rent for an ESA

If you have an ESA, there are a few things you can do to avoid paying pet rent or fees:

• Provide documentation of your disability. When you apply for housing, you will need to provide documentation of your disability and your ESA. This documentation can include a letter from your doctor or therapist, or a statement from a disability rights organization.
• Request a reasonable accommodation. If your landlord charges a pet rent or fee for ESAs, you can request a reasonable accommodation. This could include waiving the pet rent or fee, or allowing you to pay a lower pet rent.
• File a complaint with the FHA. If your landlord refuses to accommodate your ESA, or if you are charged an unreasonable pet rent or fee, you can file a complaint with the FHA. The FHA will investigate your complaint and take appropriate action.

Conclusion

Landlords are not allowed to charge pet rent or fees for ESAs. However, there are a few exceptions to this rule. If you have an ESA, you can avoid paying pet rent or fees by providing documentation of your disability, requesting a reasonable accommodation, or filing a complaint with the FHA.