Do You Have to Pay Pet Fee for ESA?
Emotional support animals (ESAs) provide therapeutic benefits to people with disabilities. These animals can help to reduce stress, anxiety, and depression. They can also improve mood and socialization. While ESAs are not considered pets, they do require some care and maintenance. One of the most common questions about ESAs is whether or not owners have to pay a pet fee for them.
The Fair Housing Act
The Fair Housing Act (FHA) is a federal law that prohibits discrimination against people with disabilities in housing. The FHA makes it illegal for landlords to charge pet fees for ESAs. This is because ESAs are considered to be a reasonable accommodation for people with disabilities.
What Does the FHA Consider a Reasonable Accommodation?
The FHA defines a reasonable accommodation as a change to a housing policy or practice that allows a person with a disability to use and enjoy their housing. This can include allowing an ESA in a housing unit where pets are not normally allowed. Landlords cannot charge a pet fee for ESAs because they are not considered pets. However, landlords can charge a reasonable fee to cover the cost of accommodating the ESA. This fee can include things like cleaning fees, damage deposits, or pet deposits.
How Much Can Landlords Charge for ESA Accommodations?
The amount that landlords can charge for ESA accommodations is limited. The fee cannot be more than the actual cost of the accommodation. Landlords must also be able to justify the fee. For example, a landlord cannot charge a $500 pet deposit for an ESA if the actual cost of accommodating the ESA is only $100.
What If a Landlord Refuses to Accommodate an ESA?
If a landlord refuses to accommodate an ESA, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate the complaint and may take action against the landlord. The action that HUD takes will depend on the facts of the case.
Conclusion
Landlords cannot charge a pet fee for ESAs. However, they can charge a reasonable fee to cover the cost of accommodating the ESA. The fee cannot be more than the actual cost of the accommodation, and the landlord must be able to justify the fee. If a landlord refuses to accommodate an ESA, the tenant can file a complaint with HUD.
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