Can a Landlord Charge for an Esa

Landlords can’t typically charge extra for emotional support animals (ESAs). The Fair Housing Act (FHA) protects tenants with disabilities, including those who have ESAs. ESAs are considered reasonable accommodations for tenants with disabilities, and landlords must allow them without charging extra. There are some exceptions to this rule. For example, landlords may charge for damage caused by an ESA, or they may require tenants to provide proof that their ESA is necessary. However, landlords cannot charge a pet deposit or pet rent for an ESA. If a landlord refuses to accommodate an ESA, the tenant may file a complaint with the Department of Housing and Urban Development (HUD).

What Are ESAs and Service Animals?

Emotional support animals (ESAs) and service animals are both types of animals that provide assistance to people with disabilities. However, there are some key differences between the two.

Emotional Support Animals

• ESAs are animals that provide emotional support to people with disabilities, such as anxiety or depression.
• ESAs do not require any special training.
• ESAs are not granted the same public access rights as service animals.

Service Animals

• Service animals are animals that are trained to perform tasks for people with disabilities, such as guiding a blind person or alerting a deaf person to a sound.
• Service animals must be individually trained to do work or perform tasks for an individual with a disability.
• Service animals are granted the same public access rights as their handlers.

Landlord’s Rights and Responsibilities

Landlords are generally prohibited from discriminating against tenants with disabilities, including those who have emotional support animals. This means that landlords cannot:

• Charge extra fees or deposits for tenants with ESAs.
• Deny housing to tenants with ESAs.
• Evict tenants with ESAs.

However, landlords can:

• Ask for documentation that the animal is an ESA.
• Impose reasonable restrictions on ESAs, such as requiring the animal to be kept on a leash or in a crate.
• Evict a tenant with an ESA if the animal poses a direct threat to the health or safety of others.

Tenant’s Rights and Responsibilities

Tenants with ESAs have the right to:

• Have their ESA live with them in their rental unit.
• Be free from discrimination based on their ESA.

Tenants with ESAs also have the responsibility to:

• Keep their ESA under control at all times.
• Clean up after their ESA.
• Comply with any reasonable restrictions imposed by the landlord.

How Landlords Can Avoid ESA-Related Housing Disputes

To avoid disputes over ESAs, landlords can:

• Educate themselves about the Fair Housing Act and their obligations under the law.
• Develop a clear and concise ESA policy.
• Be consistent in their application of the ESA policy.
• Work with tenants to resolve any ESA-related issues in a fair and reasonable manner.

Conclusion

ESAs and service animals are both important tools for people with disabilities. Landlords have a legal obligation to accommodate tenants with ESAs, but they also have the right to protect the health and safety of their other tenants.

Bear the Burden of Proof

A landlord cannot charge a fee or deposit for an emotional support animal (ESA). ESAs are considered reasonable accommodations under the Fair Housing Act (FHA), and landlords are required to make reasonable accommodations for tenants with disabilities, including allowing ESAs.

Reasonable Accommodations for ESAs

• Waiving no-pet policies and pet fees
• Allowing ESAs in housing where pets are otherwise prohibited
• Making reasonable modifications to the premises to accommodate the ESA

Landlord’s Responsibilities

Landlords have a legal responsibility to allow and provide reasonable accommodations for ESAs, including:

• Not charging fees or deposits for ESAs
• Not discriminating against tenants with ESAs
• Making reasonable accommodations for ESAs, such as allowing the ESA to live in the housing unit and waiving pet fees

ESA Documentation

Tenants with ESAs must be able to provide documentation from a healthcare professional that the animal is necessary to accommodate their disability.

The documentation should include:

• A statement that the tenant has a disability
• An explanation of how the ESA helps the tenant cope with their disability

ESA vs. Pet

ESAs are not pets.

• They are working animals that provide a specific service to their handlers.
• They are not subject to the same restrictions as pets, such as breed or size restrictions.

ESA	Pet
Provide emotional support	Provide companionship
Not subject to breed or size restrictions	Subject to breed or size restrictions
Must be allowed in housing where pets are otherwise prohibited	May be prohibited in housing where pets are allowed
No fees or deposits can be charged	Fees or deposits may be charged

Fair Housing Act and Emotional Support Animals (ESAs)

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. The FHA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. ESAs are considered assistive animals under the FHA, and landlords are generally prohibited from discriminating against tenants with ESAs.

Charging Fees for ESAs

One of the most common questions about ESAs is whether landlords can charge a fee for them. The answer is generally no. Landlords cannot charge a security deposit, pet deposit, or any other fee related to an ESA. This is because ESAs are not considered pets under the FHA. However, there are a few exceptions to this rule. For example, landlords can charge a fee if the ESA causes damage to the property. Additionally, landlords may be able to charge a fee if the ESA is a large animal that requires special accommodations.

Landlord’s Responsibilities

Landlords have several responsibilities when it comes to ESAs. These responsibilities include:

• Allowing tenants to have ESAs in their housing, even if the property has a no-pets policy.
• Not charging any fees or deposits for ESAs.
• Making reasonable accommodations for ESAs, such as allowing the ESA to live in the housing unit and providing access to common areas.
• Not discriminating against tenants with ESAs.

Tenant’s Responsibilities

Tenants with ESAs also have several responsibilities. These responsibilities include:

• Providing proof that the ESA is a legitimate service animal.
• Keeping the ESA under control at all times.
• Cleaning up after the ESA.
• Complying with all other rules and regulations of the housing complex.

ESA Rights and Responsibilities

Landlord’s Responsibilities	Tenant’s Responsibilities
Allow ESAs in housing units	Provide proof of ESA’s legitimacy
Not charge fees or deposits for ESAs	Keep ESA under control
Make reasonable accommodations for ESAs	Clean up after ESA
Not discriminate against tenants with ESAs	Comply with housing complex rules and regulations

ESA Qualification Standards

An emotional support animal (ESA) provides comfort and support to alleviate one or more identified mental or emotional disabilities. ESAs are not pets and should not be confused with service animals, which are trained to perform specific tasks for individuals with disabilities. Unlike service animals, ESAs do not require extensive training and can be any species of animal, though dogs and cats are the most common.

In order to qualify for an ESA, an individual must have a disability recognized by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and a letter from a mental health professional stating that the animal provides emotional support and alleviates one or more symptoms or effects of the disability. The letter should be on official letterhead, signed and dated by the professional, and include the professional’s license number and contact information.

The Fair Housing Act (FHA) protects individuals with disabilities from discrimination in housing, including the right to keep an ESA in their home. Landlords are prohibited from charging additional fees or deposits for ESAs and must make reasonable accommodations to allow ESAs in their properties.

Landlords may request documentation of the need for an ESA, but they cannot require specific breeds, sizes, or types of animals. They are also prohibited from asking about the specific disability of the individual.

Landlord Responsibilities:

Accept ESA documentation from a mental health professional

Allow the ESA in the property without charging additional fees or deposits

Make reasonable accommodations for the ESA, such as allowing it to accompany the tenant in common areas

Prohibit breed, size, or type restrictions for ESAs

Refrain from asking the tenant about the nature of their disability

Tenant Responsibilities:

Provide documentation of the need for an ESA from a mental health professional

Ensure the ESA is properly trained and well-behaved

Clean up after the ESA and prevent it from causing damage to the property

Comply with all applicable local and state laws and regulations regarding ESAs

ESA Documentation Requirements

Document	Required Information
Letter from Mental Health Professional	Must be on official letterhead Signed and dated by the professional Include the professional’s license number and contact information State the individual’s disability and how the ESA alleviates one or more symptoms or effects of the disability
Proof of Disability	Medical records Treatment records Social Security disability benefits award letter

Alright, here you go:

And that’s all there is to it, folks! I hope you found this article informative and helpful. If you have any other questions about ESAs or housing discrimination, feel free to reach out to us or look around our website. And hey, if you enjoyed this article, why not stick around and see what else we have to offer? We’ve got all sorts of insightful content on everything from apartment living to homeownership. So, take a look around, and we’ll see you next time!