Pet deposits are common for rental units, but what about emotional support animals (ESAs)? ESAs are animals that provide emotional support to people with disabilities, and they are exempt from pet deposits and fees under the Fair Housing Act (FHA).

Do I Have to Pay a Pet Deposit for an ESA?

What is an ESA?

An ESA is an animal that provides emotional support to a person with a disability. ESAs can be any type of animal, but they are most commonly dogs or cats. To qualify as an ESA, the animal must be prescribed by a licensed mental health professional. The prescription must state that the animal provides emotional support to the person with the disability.

Are ESAs exempt from pet deposits?

Yes, ESAs are exempt from pet deposits and fees under the FHA. This means that landlords cannot charge a pet deposit or fee for an ESA. Landlords also cannot refuse to rent to a person with an ESA.

What if my landlord does not allow pets?

If your landlord does not allow pets, you can still request a reasonable accommodation for your ESA. A reasonable accommodation is a change to a landlord's policy or practice that allows a person with a disability to enjoy the same housing opportunities as people without disabilities. In the case of an ESA, a reasonable accommodation might be allowing the animal to live in the unit without charging a pet deposit or fee.

How do I request a reasonable accommodation for my ESA?

To request a reasonable accommodation for your ESA, you should provide your landlord with a letter from your licensed mental health professional. The letter should state that you have a disability and that the ESA provides emotional support to you. You should also provide a copy of your ESA's prescription.

What if my landlord denies my request for a reasonable accommodation?

If your landlord denies your request for a reasonable accommodation, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD is the federal agency that enforces the FHA. You can also file a lawsuit against your landlord.

Conclusion

ESAs are exempt from pet deposits and fees under the FHA. Landlords cannot charge a pet deposit or fee for an ESA, and they cannot refuse to rent to a person with an ESA. If your landlord denies your request for a reasonable accommodation for your ESA, you can file a complaint with HUD or file a lawsuit against your landlord.