Navigating Your Rights Under the Fair Housing Act with an Emotional Support Animal
For individuals who rely on an Emotional Support Animal (ESA) to mitigate the symptoms of a mental or emotional disability, securing housing can sometimes feel like navigating a minefield of policies and misconceptions. A common question that arises is: Can landlords charge pet fees for ESAs? The definitive answer, under federal law, is no.
At CertifyESA, we are dedicated to empowering individuals with the correct information about their rights regarding Emotional Support Animals. We connect clients with licensed mental health professionals who provide legitimate ESA letters, which are the cornerstone of these protections. This blog will clarify why landlords cannot charge pet fees for ESAs, delve into the relevant federal regulations, and outline what you can do if you face such a request.
The Core Principle: ESAs Are Not Pets Under Federal Housing Law
The fundamental reason landlords cannot charge pet fees for Emotional Support Animals lies in their legal classification. Under the Fair Housing Act (FHA), ESAs are not considered “pets.” Instead, they are recognized as “assistance animals” that provide necessary therapeutic support to individuals with disabilities (U.S. Department of Housing and Urban Development, 2020).
Because an ESA is a reasonable accommodation necessary for a person with a disability to have an equal opportunity to use and enjoy their dwelling, any fees or deposits typically associated with pets do not apply. Charging such fees would be considered discriminatory under the FHA.
What the Fair Housing Act (FHA) and HUD Guidance Say
The FHA, enforced by the U.S. Department of Housing and Urban Development (HUD), prohibits discrimination in housing based on disability. This includes requiring housing providers to make “reasonable accommodations” to their rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling (U.S. Department of Housing and Urban Development, 2020).
HUD has issued specific guidance on assistance animals, explicitly stating:
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No Pet Fees or Deposits: “A housing provider cannot require a tenant with a disability to pay a deposit, fee, or surcharge in exchange for having the assistance animal. Pet fees do not apply because an assistance animal is not a ‘pet,’ but exists in order to serve an individual’s disability” (Fair Housing Center of Southeast & Mid Michigan, n.d.). This includes one-time pet fees, monthly “pet rent,” and pet deposits.
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Waiver of “No-Pet” Policies: Housing providers must waive “no-pet” policies for individuals with legitimate ESAs as a reasonable accommodation.
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No Breed or Weight Restrictions: Similarly, breed, size, or weight restrictions that might apply to pets do not apply to assistance animals if the animal otherwise qualifies and does not pose a direct threat.
In essence, when a housing provider receives a valid ESA letter, they must treat the ESA as a necessary medical aid, not a recreational companion subject to pet-related charges.
What Landlords Can Charge For
While landlords cannot charge pet fees or deposits for an ESA, it’s important to understand what they can charge for:
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Actual Damages Caused by the ESA: If your Emotional Support Animal causes damage to the property beyond normal wear and tear, the housing provider can charge you for the cost of repairing those damages. This would typically be deducted from your standard security deposit, which all tenants pay, or billed to you directly (U.S. Department of Housing and Urban Development, 2020). For example, if your ESA chews through a door frame or has repeated indoor accidents that stain carpets, you would be responsible for those repair or cleaning costs.
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Standard Security Deposit: Landlords can still charge a standard security deposit that applies to all tenants, regardless of whether they have an ESA. This deposit is intended to cover damages or unpaid rent, not specifically pet-related issues unless the ESA causes the damage.
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Application Fees (if applied to all applicants): An application fee charged to all prospective tenants is generally permissible. However, a landlord cannot levy an additional “pet application fee” specifically for an ESA.
What to Do If a Landlord Tries to Charge You Pet Fees for an ESA
If you present a legitimate ESA letter and your landlord attempts to charge you pet fees, here’s a step-by-step approach:
1. Educate Your Landlord (Politely)
Many landlords are simply unaware of the specific nuances of federal ESA law. Begin by politely explaining that under the Fair Housing Act, Emotional Support Animals are considered assistance animals, not pets, and are therefore exempt from pet fees, pet rent, and pet deposits. You can reference HUD’s guidance on assistance animals.
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Provide a Copy of Your Legitimate ESA Letter: Ensure your letter is current, on official letterhead from a licensed mental health professional, and includes all necessary information (LMHP’s name, license type, license number, contact information, statement of disability, and how the ESA mitigates symptoms). If you obtained your letter through CertifyESA, you can be confident in its legitimacy.
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Share HUD Guidance: You can direct them to relevant sections of HUD’s official guidance on assistance animals, which clearly states that these animals are exempt from fees.
2. Document Everything
Keep a meticulous record of all communications. This includes:
- Dates and times of conversations.
- Names of individuals you spoke with.
- Summaries of what was discussed.
- Copies of all letters, emails, or texts exchanged.
This documentation will be vital if further action is required.
3. Send a Formal Written Request
If the verbal explanation doesn’t suffice, send a formal written request (email or certified mail) reiterating your rights under the FHA. Clearly state that you are requesting a reasonable accommodation for your ESA, which includes the waiver of all pet-related fees, as ESAs are not pets. Attach a copy of your ESA letter and relevant HUD guidance.
4. Seek External Assistance
If your landlord still refuses to comply after receiving your formal written request, consider these options:
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Fair Housing Organizations: Contact a local or state fair housing organization. These non-profits specialize in fair housing law, can offer free advice, mediate disputes, and help you understand your legal options.
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Legal Aid or Disability Rights Groups: Depending on your income, you may qualify for free or low-cost legal assistance from legal aid societies or organizations focused on disability rights.
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Attorney Consultation: A private attorney specializing in housing or disability law can provide tailored advice and, if necessary, send a demand letter to your landlord.
5. File a Complaint with HUD
As a last resort, if you believe you have been discriminated against, you can file a formal complaint with the U.S. Department of Housing and Urban Development (HUD).
- How to File: Visit the HUD website (www.hud.gov) or call their toll-free number (1-800-669-9777) to file a housing discrimination complaint.
- Provide Documentation: Submit all your collected documentation.
- Investigation: HUD will investigate your complaint and may attempt to resolve the issue through conciliation. If conciliation is unsuccessful, they may issue a charge of discrimination.
The Importance of a Legitimate ESA Letter
The ability to avoid pet fees for your ESA hinges entirely on the legitimacy of your documentation. Landlords are increasingly aware of fraudulent “ESA registrations” or “certificates” sold online that do not meet HUD’s requirements. These invalid documents will not protect you from pet fees or denial.
At CertifyESA, our commitment is to provide legitimate, legally compliant ESA letters through evaluations conducted by qualified licensed mental health professionals. This ensures that:
- Your letter is recognized by housing providers.
- Your rights under the Fair Housing Act are fully protected.
- You have the confidence to challenge any unlawful requests for pet fees.
By obtaining a proper ESA letter from CertifyESA, you establish your right to have your Emotional Support Animal as a reasonable accommodation, free from the burden of pet-related charges.
Conclusion: Knowing Your Rights is Key
The question of whether landlords can charge pet fees for Emotional Support Animals has a clear answer under federal law: no. ESAs are assistance animals, not pets, and are therefore exempt from such charges under the Fair Housing Act. While you remain responsible for any actual damage your ESA causes, you should never be asked to pay pet deposits, pet rent, or one-time pet fees.
At CertifyESA, we empower you to confidently navigate housing situations with your ESA by providing access to legitimate documentation. Knowing your rights, communicating effectively, and being prepared to advocate for yourself are crucial steps in ensuring you and your Emotional Support Animal can live together without discriminatory financial burdens.
APA Formatted Citations:
Fair Housing Center of Southeast & Mid Michigan. (n.d.). Assistance Animals. Retrieved from https://fhcmichigan.org/know-your-rights/disability/assistance-animals/
U.S. Department of Housing and Urban Development. (2020, January 28). Assessing a person’s request to have an animal as a reasonable accommodation under the Fair Housing Act. Retrieved from https://www.hud.gov/sites/dfiles/FHEO/documents/HUD_Guidance_on_ESA_01-28-2020.pdf
