Can a Landlord Charge Fees for an Emotional Support Animal (ESA)?

Emotional support animals (ESAs) are vital for many individuals dealing with mental health conditions. However, questions often arise about the costs associated with housing an ESA. Specifically, can a landlord charge fees for an ESA? The answer lies in understanding federal laws and regulations.

1. Legal Protections for ESAs Under the Fair Housing Act (FHA)

The Fair Housing Act (FHA) prohibits housing discrimination based on disability. This includes requiring landlords to make reasonable accommodations for tenants with ESAs. Key provisions under the FHA include:

• No Pet Fees: Landlords cannot charge pet fees, deposits, or additional rent for an ESA.
• Reasonable Accommodation: Landlords must allow ESAs, even in properties with strict “no pets” policies, provided the tenant has proper documentation.

2. What Landlords Can and Cannot Charge

Allowed:

1. Damage Costs:
   • If an ESA causes property damage, landlords can deduct the repair costs from the tenant’s security deposit or request reimbursement after the fact.
2. Standard Fees for All Tenants:
   • Fees unrelated to the ESA, such as application fees or general cleaning fees applied to all tenants, are permissible.

Not Allowed:

1. Pet Fees or Deposits:
   • ESAs are not classified as pets; therefore, landlords cannot charge pet-related fees or deposits.
2. Increased Rent for ESA Accommodation:
   • Landlords cannot raise the rent solely because a tenant has an ESA.

3. Exceptions to the Rule

While the FHA provides robust protections, there are limited exceptions where a landlord might not accommodate an ESA:

• Property Exemptions: Small owner-occupied buildings with four or fewer units may not fall under FHA regulations.
• Unreasonable Burden: If accommodating the ESA imposes a significant financial or administrative hardship, the landlord might argue against the accommodation.

4. How Tenants Can Avoid Disputes

Provide Proper Documentation:

Tenants should obtain a legitimate ESA letter from a licensed mental health professional. This letter should:

• Confirm the tenant’s need for the ESA due to a disability.
• Outline how the ESA provides support for the tenant’s mental health.

Communicate Early:

Discuss the ESA with the landlord as soon as possible to clarify expectations and avoid misunderstandings.

5. What to Do if a Landlord Charges Fees Unlawfully

If a landlord imposes unauthorized fees for an ESA:

1. Discuss the Issue: Politely remind the landlord of FHA protections regarding ESAs.
2. File a Complaint: Report the landlord to the U.S. Department of Housing and Urban Development (HUD) if the issue remains unresolved.
3. Seek Legal Help: Consult a lawyer specializing in tenant rights to address potential violations.

6. Conclusion

Under the Fair Housing Act, landlords cannot charge fees, deposits, or additional rent for emotional support animals. However, tenants are responsible for any damages caused by their ESA. Open communication and adherence to legal standards can help both landlords and tenants navigate these situations effectively.