Many people wonder if emotional support animals (ESAs) are exempt from pet rent. The answer is: it depends. According to the Fair Housing Act (FHA), landlords are not allowed to discriminate against tenants with disabilities, including those who have ESAs. This means that landlords cannot charge extra pet rent or fees for ESAs. However, there are some exceptions to this rule.

Do ESA Have to Pay Pet Rent?

Does the Landlord Know About the ESA?

The first exception is if the landlord does not know that the tenant has an ESA. If the landlord does not know about the ESA, they can charge pet rent or fees. However, the FHA states that a landlord must make reasonable accommodations for tenants with disabilities. Because of this, if a tenant informs the landlord about their ESA for the first time after moving in, the landlord is likely to waive the pet fee.

If the landlord is informed about the ESA and refuses to make reasonable accommodations, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD).

Housing Providers Who Are Exempt From the FHA

The second exception to the rule is if the housing provider is exempt from the FHA. The FHA does not apply to:

  • Housing operated by religious organizations and provided to members of that religion
  • Private clubs or establishments that restrict occupancy to members
  • Owner-occupied homes where four or fewer families reside if the owner resides in one of the units

If a housing provider is exempt from the FHA, they can charge pet rent or fees for ESAs.

What if the ESA Causes Damage?

In most cases, landlords cannot charge a pet deposit or fee for an ESA. However, there are a few exceptions. For example, if the ESA causes damage to the property, the landlord may be able to charge the tenant for the cost of repairs. In addition, some landlords may charge a pet deposit or fee for ESAs that are not housebroken or that are aggressive.

Conclusion

The Fair Housing Act (FHA) generally prohibits landlords from charging pet rent or fees for emotional support animals (ESAs). However, there are some exceptions to this rule, such as if the landlord does not know about the ESA or if the housing provider is exempt from the FHA. Additionally, landlords may be able to charge a pet deposit or fee for ESAs that cause damage to the property or that are not housebroken or aggressive.