Can my landlord charge pet fees for an emotional support animal?

The Fair Housing Act (42 U.S.C. § 3604) prohibits landlords from charging any pet-related fees for emotional support animals. This includes pet deposits, pet rent, pet application fees, and any other charges specifically for having an ESA.

Why Pet Fees Are Illegal for ESAs

Under federal law, emotional support animals are not considered pets. They are reasonable accommodations for tenants with documented disabilities. The U.S. Department of Housing and Urban Development (HUD) has been clear: charging pet fees for ESAs constitutes housing discrimination.

HUD's guidance document FHEO-2020-01 specifically states that "a housing provider may not charge fees, deposits, or surcharges for an assistance animal." This applies to both service animals and emotional support animals.

Types of Prohibited Charges

Federal law prohibits any additional charges related to ESAs, including:

• Pet deposits — Refundable or non-refundable deposits for having an animal
• Pet rent — Monthly fees for animals
• Pet application fees — Charges to process animal paperwork
• Pet screening fees — Third-party service charges
• Additional security deposits — ESA-specific damage coverage

What About Damage?

Landlords can still hold tenants responsible for actual damage caused by ESAs, just like any other tenant damage. However, they cannot charge extra deposits or fees in anticipation of damage.

Standard security deposits that apply to all tenants are still allowed. The landlord simply cannot add extra charges specifically because you have an ESA.

Common Landlord Excuses (And Why They're Wrong)

"Our lease says all animals require pet fees"

Lease language cannot override federal law. The Fair Housing Act supersedes any lease provision that conflicts with ESA accommodation requirements.

"We use a third-party pet screening service"

Outsourcing discrimination doesn't make it legal. If a landlord requires tenants to pay pet screening companies like PetScreening.com for ESAs, that's still a prohibited charge under federal law.

"ESAs aren't service animals, so pet rules apply"

While ESAs have different access rights than service animals, they're still protected under the Fair Housing Act's reasonable accommodation provisions. Pet fees remain prohibited.

What to Do If You're Charged Pet Fees

Step 1: Request Refund in Writing

Send your landlord a written request for a full refund, citing the Fair Housing Act and HUD FHEO-2020-01. Include a copy of your ESA documentation.

Step 2: Document Everything

Keep records of:

• All fee charges and receipts
• Your ESA documentation
• Written communications with your landlord
• Lease language about pets

Step 3: File a Complaint

If your landlord refuses to refund illegal pet fees, you can:

• File a free complaint with HUD at hud.gov/complaint
• Contact a fair housing attorney
• File a private lawsuit under 42 U.S.C. § 3613

Legal Authority

This guidance is based on:

• Fair Housing Act — 42 U.S.C. § 3604(f)(3)(B)
• HUD FHEO-2020-01 — "Assessing a Person's Request to Have an Animal as a Reasonable Accommodation"
• Federal court precedent — Multiple cases establishing ESA fee prohibition