Can You Charge a Pet Fee for an Emotional Support Animal?

Emotional support animals (ESAs) provide comfort and support to people with disabilities. Under the Fair Housing Act (FHA), landlords are prohibited from discriminating against tenants with disabilities, which includes denying them the right to have an ESA. However, landlords are allowed to charge a pet fee for ESAs.

What Is a Pet Fee?

A pet fee is a one-time, non-refundable charge that landlords may impose on tenants who have pets. Pet fees are typically used to cover expenses related to the presence of a pet in the rental unit, such as cleaning, damages, and wear and tear. Landlords are not allowed to charge a pet fee for ESAs, but they may charge a reasonable fee to cover actual costs associated with the ESA. For example, a landlord could charge a fee to cover the cost of cleaning up after an ESA that has caused damage to the rental unit.

What Is an Emotional Support Animal?

An ESA is a pet that provides emotional support to a person with a disability. ESAs can be any type of animal, but they are most commonly dogs and cats. ESAs are not service animals, which are trained to perform specific tasks for people with disabilities. ESAs provide comfort and support to their owners, but they are not required to perform any specific tasks.

Can Landlords Charge a Pet Fee for ESAs?

No, landlords are not allowed to charge a pet fee for ESAs. This is because ESAs are considered to be reasonable accommodations for people with disabilities under the FHA. Landlords are prohibited from discriminating against tenants with disabilities, which includes denying them the right to have an ESA. However, landlords may charge a reasonable fee to cover actual costs associated with the ESA.

What Fees Can Landlords Charge for ESAs?

Landlords are allowed to charge a fee to cover actual costs associated with an ESA. These fees may include:

• Cleaning fees to cover the cost of cleaning up after an ESA that has caused damage to the rental unit
• Damage fees to cover the cost of repairing damage caused by an ESA
• Wear and tear fees to cover the cost of replacing items that have been damaged or worn out by an ESA

Landlords are not allowed to charge a pet fee for ESAs, but they may charge a reasonable fee to cover actual costs associated with the ESA. Landlords should work with tenants with disabilities to determine what fees are reasonable and necessary.

What Are the Requirements for an Emotional Support Animal?

In order to qualify as an ESA, an animal must meet the following requirements:

• The animal must be prescribed by a mental health professional
• The animal must provide emotional support to the person with the disability
• The animal must be well-behaved and not pose a threat to other people or animals

Landlords are not allowed to deny a tenant's request for an ESA if the animal meets these requirements. Landlords may ask for documentation from the tenant's mental health professional to verify that the animal is an ESA. Landlords are not allowed to charge a pet fee for ESAs, but they may charge a reasonable fee to cover actual costs associated with the ESA.

What Should You Do if You're Charged a Pet Fee for an Emotional Support Animal?

If you're charged a pet fee for an ESA, you should contact your landlord and explain that ESAs are considered to be reasonable accommodations for people with disabilities under the FHA. Landlords are prohibited from discriminating against tenants with disabilities, which includes denying them the right to have an ESA. Landlords may charge a reasonable fee to cover actual costs associated with the ESA, but they are not allowed to charge a pet fee. If your landlord refuses to waive the pet fee, you can file a complaint with the Department of Housing and Urban Development (HUD).