Can You Charge Pet Rent for an Emotional Support Animal?
Emotional support animals (ESAs) are animals that provide comfort and support to people with disabilities. They can be any type of animal, but they are most commonly dogs and cats. ESAs are not considered to be pets, and they are not subject to the same rules and regulations as pets.
Fair Housing Act and ESAs
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. The FHA also requires landlords to make reasonable accommodations for people with disabilities, including allowing them to have ESAs.
Under the FHA, landlords cannot charge pet rent or fees for ESAs. However, landlords can charge a reasonable fee to cover the costs of accommodating an ESA, such as damage to the property or extra cleaning.
What is a Reasonable Fee?
A reasonable fee is a fee that is necessary to cover the actual costs of accommodating an ESA. The fee must be reasonable in relation to the cost of the accommodation and cannot be used to discriminate against people with disabilities.
Some factors that landlords may consider when determining a reasonable fee include:
- The type of animal
- The size of the animal
- The amount of damage the animal is likely to cause
- The cost of extra cleaning or repairs
How to Charge a Reasonable Fee
If you are a landlord and you want to charge a reasonable fee for an ESA, you should follow these steps:
- Determine the actual costs of accommodating the ESA.
- Set a fee that is reasonable in relation to the costs.
- Disclose the fee to the tenant in writing before they sign a lease.
- Allow the tenant to negotiate the fee.
- Do not charge a fee for an ESA if it is not reasonable.
Conclusion
Landlords cannot charge pet rent or fees for ESAs. However, they can charge a reasonable fee to cover the costs of accommodating an ESA. A reasonable fee is a fee that is necessary to cover the actual costs of accommodation and cannot be used to discriminate against people with disabilities.
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