…and How to Protect Yourself as a Landlord
Under the Fair Housing Act, housing providers such as landlords, Co-Ops and HOAs cannot charge their tenants fees, deposits, and surcharges in connection with their emotional support animals (ESAs). ESAs are not considered pets for purposes of Fair Housing rules and must be allowed even in buildings that prohibit pets. That also means that a building’s general policies regarding pets do not apply to emotional support animals. So even though the building may impose fees and deposits for regular pets, they may not do so for ESAs.
We will also address concerns raised by housing providers who are worried about potential fraud and being on the hook for damage that an ESA may cause to the residence or common areas. We will discuss how landlords can validate an ESA request and recover for expenses if an ESA causes damage.
If you do not have the proper documentation for your ESA, we can help you to connect with a licensed healthcare professional licensed in your state to assist you. You can start by completing the questionnaire in the link below.
Frequently Asked Questions
How fees, deposits, and fines apply to tenants with ESA’s, and whether the tenant is eligible for a refund if they have already paid these charges.
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.
Understanding your rights as an ESA owner can save you from unfair charges
If you are currently living with an emotional support animal and had previously paid a deposit or fee in connection with your animal companion, you may be entitled to a refund. It is also important for landlords to understand these rights, so they know how to properly verify a tenant’s ESA request and ensure they do not violate any Fair Housing rules. Landlords should also be aware they can still hold the tenant accountable for any damages caused by an ESA and make deductions from a general security deposit.
If you’re curious about Fair Housing Laws for emotional support animals or the process to get a valid emotional support animal, you can read more about the Fair Housing Act for emotional support animals here.
If you are having trouble finding a therapist, or it is difficult to see a therapist in person for financial reasons, scheduling issues due to work, family or school, or because of anxieties or phobias about seeking help in person, ESA Doctors can help connect you to a licensed professional that is familiar with ESAs.
The professionals that work with ESA Doctors are licensed for your state, and offer compassionate and understanding service to clients interested in whether an emotional support animal is right for them. Click on the button below to see if you may qualify for an ESA letter.
Need an ESA Letter? We can help. Click on the link below to get started!
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Can a landlord legally require a tenant with an ESA to have “liability insurance” for the animal?
Fair Housing rules are silent about this. However, landlord are not allowed to charge fees or deposits for ESAs, and requiring special insurance that other tenants don’t have to pay may violate the spirit of that rule. Meaning that it would put an ESA owner at a disadvantage compared to other tenants solely because they have a need for an assistance animal.
My tenant brought a few months old puppy to an apartment. It’s been a few months and I’ve told him a few times he can’t have it there.
After all the damage, feces, urine and dealing with torn shredded things I told him no more dog and I was told the dog is “service animal” And informed he will keep dog there.
I live at the apartment but find it disgusting to be there. When I leave for a few days to work I come back and feces and urine gets left for me to pick up.
The dog will get bigger and the liability and damages will increase. I can’t sleep well at night worrying about this.
I’ve given eviction notice, could I be discriminating against a legitimately protected tenant?
If the tenant is claiming their dog is a service dog, and its not apparent what service the animal is providing, you can ask two questions for verification: 1. Is the animal required because of a disability? and 2. What work or task has the animal been trained to perform? If the tenant has a valid service dog, they are still responsible for damages caused by their service animal to the property. Having an assistance animal does not relieve the owner of liability for damages.
Upon moving into our current apartment, we informed landlord that we have 2 service dogs (1 for hubby & 1 for me/daughter). They gave us their ESA letters they wanted us to get signed. we told them our dr appt wasnt for a couple months out since we moved from another county and had to transfer drs. they told us thats fine but they still had to charge us pet deposits/rent until then but we’d get it back once we turned in ESA letters signed by our new dr (they even added an addendum to the lease). So finally get into dr, they sign no problems there. We turn in ESA letters to leasing office and they would only accept 1 ESA letter NOT both. Then they told us we couldn’t get our pet deposit back AND they are still charging us for pet rent for BOTH dogs. I’m not sure what to do. Everytime i bring it to their attention they say. “oh im sorry, let me call corporate and I’ll get back to u” but they NEVER do. The next month’s after we turned in the ESA letter(s), we noticed we were still being charged for pet rent and brought that to their attention. They told us NOT to pay the rent until they called corporate and had it dealt with (that was a Fri the 1st of that month). i checked with them next day and they said they were still working on it. I was busy on Saturday and didn’t make it hone in time to check with them before they closed. Sunday they were closed. Monday morning there was a pay or evacuate property notice taped to our door signed by the VERY person i had been dealing with! Needless to say i paid the rent PLUS all the late fees THEY tagged along! Even though THEY told me not to pay rent while they were “trying” to figure it all out and get it squared away. I’m just getting tired of their excuses/lies and don’t know what to do or who to call. what do i do? help!
You may want to try pointing out to your landlord that what they are doing potentially violates Fair Housing rules, which could get them in trouble.
I gave 600.00 depends. For my 2 small dogs not knowing about my dr could and did give a letter for management I needed these animals to improve bi polar manic depression. No refund nothing even with my docs prescribed letter 8 yrs ago dogs are gone I want my money back they have my dr.etter help me
We’re not able to provide you with any type of direct assistance, but we recommend that you have a discussion with your landlord about this and point them to the relevant Fair Housing rules.