This is a frequently asked question from tenants, and the answer is yes, but with some caveats. It is very common for a tenant to move in with their pet and pay a pet fee or deposit, and then later qualify for an emotional support animal through their licensed mental health professional. In these instances, if the tenant paid a deposit, they would be entitled to a refund of the deposit since their animal companion is no longer considered a pet for purposes of Fair Housing rules. Landlords, Co-Ops, HOAs and other housing providers are never permitted to charge a fee or deposit because a tenant has an ESA.

With respect to refunds for fees however, there is no clear guidance on what portion of the fee should be refunded. However, it could make sense that the landlord would need to refund at least a prorated portion of the fee. For example, if the tenant paid a fee to cover their pet for a year, and then qualified for an ESA mid-way through that year, they should at least get a prorated refund for the remaining half of the year. It would be appropriate to apply a fee in the first six months while the tenant owned a pet, but not in the latter six months when the tenant’s animal companion qualified as a valid ESA.

No, under Fair Housing rules housing providers cannot charge a fee for processing an ESA accommodation request. To qualify for an ESA, the tenant must obtain a recommendation letter from a licensed healthcare professional, registration is not sufficient. The tenant would then submit this letter to their housing provider and request accommodation for their ESA. The housing provider must reply promptly to the request, and no later than 10 days from the time they receive the ESA letter. The housing provider can only deny the tenant’s ESA in limited circumstances (such as if the ESA is dangerous or poses a health risk) and must engage in an interactive process with the tenant to address any concerns. The housing provider is not permitted to charge an application fee or processing fee to consider the tenant’s request to live with their ESA.

Probably not. If the fine was validly issued at the time the pet violated the building’s rules, the landlord was probably within their rights to issue the fine. The landlord would not have to refund a fine that was properly assessed at the time it was given. However, in these instances, it never hurts to have a discussion with the landlord about your need for an ESA and whether any exemptions or waivers of the fine could be granted. We always recommend that tenants have open and honest discussions with their housing provider about their ESAs, and to never hide the fact they have brought an animal companion home.

It may be obvious but it is important to note that a landlord can never charge a fine because the tenant owns an ESA. For example, if the building assesses a fine for pets brought into the building, that fine cannot be assessed for ESAs. Or, if the building charges a fine for having a large animal, that fine cannot be charged for an ESA.

No, fees are never allowed for ESAs and a building’s normal policies regarding pets are not applicable to an ESA. Furthermore, under Fair Housing rules, breed and weight restrictions cannot be imposed on an ESA. So, for example, if the building normally has a policy that limits dogs to a certain weight or charges a fee for larger dogs, neither of those policies would be applicable to an emotional support animal.

A tenant is always responsible for damage caused by their emotional support animal. Being exempt from pet fees and deposits does not absolve them of their responsibility for the actions of their assistance animal. If the ESA causes damage to the residence or any common area of the building, the landlord is within their rights to charge the tenant for that damage.

In addition, Fair Housing rules allow for housing providers to deduct expenses for damages caused by an ESA from the tenant’s standard security deposit. So that means that while housing providers don’t have the benefit of a separate and special deposit to cover the ESA as they would potentially get for a pet, they can still deduct costs from the tenant’s general security deposit if the ESA causes any damage.

For landlords concerned about tenants faking their need for an ESA to get out of paying pet fees and deposits, they do not just have to rely on the tenant’s word. The landlord can request appropriate documentation to validate that their animal companion is an ESA in the form of an ESA letter. Note however those landlords should exercise caution to not violate the privacy rights of the tenant. For example, landlords cannot ask for a specific diagnosis or for detailed information about the tenant’s mental or emotional condition.

The only legitimate way to qualify an ESA is by having a recommendation letter signed by a licensed healthcare professional, such as a psychologist, psychiatrist, nurse, physician assistant, counselor or social worker. If the tenant is only presenting a certificate, registration number, ID card or vest, the landlord can request that the tenant provide further documentation in the form of an ESA letter. A valid ESA letter should be signed and dated on the licensed healthcare professional’s letterhead, and also contain their contact and licensing information.

A basic guiding principle of Fair Housing rules is that the disabled should be allowed to enjoy their residence and building to the same extent that a non-disabled person can. It would not be fair to charge someone disabled for accommodation they need in order to use their dwelling the same way a non-disabled person can. Exempting ESA owners from fees and deposits allows those suffering from a mental or emotional disability to have equal opportunity to enjoy and use an apartment or home.

In addition, the exemption for fees and deposits does not let the tenant off the hook for the actions of their ESA. The tenant is responsible for the actions of their emotional support animal, including damages it causes to the residence or property. The landlord can deduct expenses for any damages from the tenant’s general security deposit, just as it can with the other tenants in their building.