Landlords are not allowed to charge extra fees or deposits for tenants with emotional support animals. This is a violation of the Fair Housing Act, which protects people with disabilities from discrimination. Emotional support animals are considered reasonable accommodations for people with disabilities, and landlords must allow them without charging extra fees. This includes providing access to common areas of the property and allowing the animal to live with the tenant. If a landlord tries to charge extra for an emotional support animal, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Fair Housing Act (FHA) and Emotional Support Animals (ESAs)
Emotional support animals (ESAs) are not considered pets under the Fair Housing Act (FHA), which prohibits discrimination in housing. This means that landlords cannot charge extra for ESAs or refuse to rent to people who have them. However, landlords may have certain requirements for ESAs, such as proof of a disability and a letter from a mental health professional.
Landlords’ Requirements for ESAs
- Proof of disability: Landlords may ask for documentation that shows the tenant has a disability that is recognized by the FHA. This could include a letter from a doctor or other healthcare provider.
- Letter from a mental health professional: Landlords may also ask for a letter from a mental health professional that explains how the ESA helps the tenant with their disability.
- Vaccination records: Landlords may require tenants to provide proof that their ESA is up-to-date on vaccinations.
- License or registration: Some landlords may require tenants to license or register their ESA with the local government.
Landlords’ Restrictions on ESAs
- Breed or size restrictions: Landlords cannot impose breed or size restrictions on ESAs.
- Pet deposits or fees: Landlords cannot charge pet deposits or fees for ESAs.
- Eviction: Landlords cannot evict tenants for having an ESA, unless the ESA causes damage to the property or poses a direct threat to the health or safety of others.
| ESA | Housing |
|---|---|
| ESAs are not considered pets under the FHA | Landlords cannot charge extra for ESAs |
| Landlords may request proof of disability and a letter from a mental health professional | Landlords cannot refuse to rent to people who have ESAs |
| Landlords cannot impose breed or size restrictions on ESAs | Landlords cannot charge pet deposits or fees for ESAs |
| Landlords cannot evict tenants for having an ESA, unless the ESA causes damage or poses a threat to others | Landlords may have certain requirements for ESAs, such as proof of disability and a letter from a mental health professional |
If you have an ESA and are looking for housing, it is important to be aware of your rights under the FHA. You should also be prepared to provide documentation of your disability and a letter from a mental health professional. If you are denied housing because of your ESA, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Reasonable Accommodations for Tenants with Disabilities
The Fair Housing Act (FHA) prohibits discrimination against tenants with disabilities, including those who need emotional support animals (ESAs) for their disability.
Landlords must make reasonable accommodations for tenants with disabilities, including allowing ESAs in housing that would otherwise prohibit pets.
Landlords cannot charge extra fees or deposits for ESAs.
What is an Emotional Support Animal (ESA)?
- An ESA is a pet that provides emotional support to a person with a disability.
- ESAs can be any type of animal, but dogs and cats are the most common.
- ESAs do not have to be trained or certified.
What is a Reasonable Accommodation?
- A reasonable accommodation is a change in a policy, practice, or procedure that allows a person with a disability to have an equal opportunity to use and enjoy a dwelling.
- Reasonable accommodations can include:
- Allowing an ESA in a housing unit that would otherwise prohibit pets
- Waiving pet fees or deposits for ESAs
- Making changes to the housing unit to make it more accessible for a person with a disability
What are the Landlord’s Responsibilities?
- Landlords must make reasonable accommodations for tenants with disabilities, including allowing ESAs in housing that would otherwise prohibit pets.
- Landlords cannot charge extra fees or deposits for ESAs.
- Landlords must also allow tenants with disabilities to keep their ESAs in their housing unit, even if the lease or rental agreement prohibits pets.
What are the Tenant’s Responsibilities?
- Tenants with disabilities who have ESAs must provide their landlord with written documentation from a healthcare professional stating that the animal is an ESA.
- Tenants must keep their ESAs under control at all times.
- Tenants must be responsible for any damage caused by their ESA.
| Landlord’s Responsibilities | Tenant’s Responsibilities |
|---|---|
| Make reasonable accommodations for tenants with disabilities | Provide written documentation from a healthcare professional stating that the animal is an ESA |
| Allow ESAs in housing that would otherwise prohibit pets | Keep ESAs under control at all times |
| Waive pet fees or deposits for ESAs | Be responsible for any damage caused by their ESA |
| Allow tenants with disabilities to keep their ESAs in their housing unit, even if the lease or rental agreement prohibits pets |
Landlord’s Right to Ask for Verification of ESA
Landlords have the right to verify the legitimacy of an emotional support animal (ESA) before approving its residency in a rental unit. This is to ensure that tenants do not abuse the Fair Housing Act (FHA) to bypass pet restrictions or avoid additional pet fees. Verification typically involves requesting documentation from a qualified mental health professional, such as a licensed therapist, psychologist, or psychiatrist. The documentation should confirm the tenant’s disability, the need for an ESA to alleviate symptoms, and the animal’s training and temperament.
- What to Include in Verification
- Tenant’s name and contact information
- Mental health professional’s name, license number, and contact information
- Date of the evaluation
- Diagnosis of the disability
- Explanation of how the ESA alleviates symptoms
- Description of the animal’s training and temperament
- Statement that the animal is necessary for the tenant’s well-being
- Response Time
- Landlords must respond to a tenant’s request for an ESA within a reasonable time frame, typically within 10 days.
- If a landlord denies the request, they must provide a written explanation of the denial.
Landlords cannot charge extra for an ESA, as ESAs are considered assistive animals under the FHA. However, landlords can charge reasonable fees, such as cleaning fees or pet deposits, to cover the additional wear and tear caused by the animal, just like they would for any other pet.
If you have an ESA and are being charged extra fees, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Steps to Take if Denied an ESA
- Contact the Landlord
- Request a copy of the landlord’s written denial.
- Ask for a meeting to discuss the denial.
- Contact a Fair Housing Organization
- They can provide guidance on your rights and help you file a complaint with HUD.
- File a Complaint with HUD
- You can do this online or by mail.
- HUD will investigate your complaint and take appropriate action.
Pet Fees vs. ESA-Related Costs
Landlords are legally restricted from imposing additional fees or deposits for emotional support animals (ESAs) under the Fair Housing Act (FHA).
- Pet Fees: These are additional charges landlords can impose on tenants with pets to cover pet-related costs like cleaning or repairs.
- ESA-Related Costs: These are costs directly related to an ESA and can include training, veterinary care, or equipment.
While landlords cannot charge extra for ESAs, they can charge reasonable fees to cover ESA-related costs if they can show these costs are necessary.
| Cost Type | Can Landlord Charge? |
|---|---|
| Pet Deposit | No |
| Pet Rent | No |
| ESA Training | Potentially (landlord must prove necessity) |
| ESA Veterinary Care | Potentially (landlord must prove necessity) |
| ESA Equipment | Potentially (landlord must prove necessity) |
Landlords must engage in an “interactive process” with tenants requesting an ESA to determine if the animal is necessary for the tenant’s disability and if it causes any undue financial or administrative burden. If the landlord can prove that the ESA-related costs are necessary and reasonable, they can charge fees to cover these costs. However, the landlord must be able to demonstrate that the charges are directly related to the ESA and not simply a way to recoup pet-related expenses.
Well, friends, I hope this article has helped clear up any confusion about charging extra for emotional support animals. Remember, understanding and empathy go a long way.
The next time you encounter a situation involving an emotional support animal, take a moment to consider the person’s needs and the importance of their furry companion. A little kindness can make a big difference.
Thanks for reading, folks! If you’ve enjoyed this article, be sure to stick around for even more informative and engaging content coming your way. See you next time!