Buildium is a property management software platform owned by RealPage and widely used by smaller independent landlords and mid-size property management companies. It handles rent collection, tenant communications, maintenance requests, and — through integrations with third-party services — animal screening. Tenants at properties managed with Buildium may encounter pet-related fees and documentation requirements flowing through the platform. Federal fair housing law governs how those fees may be applied to tenants with disabilities and emotional support animals.
Buildium allows landlords to create rental listings with specified pet policies and configure recurring charges at the lease level. Its tenant portal displays charges as official billing items, which can appear authoritative even when the underlying fees are legally impermissible. Like other property management platforms, Buildium integrates with third-party animal screening services that may charge tenants application fees for submitting animal documentation.
The software does not make legal determinations about which charges are permissible. That responsibility rests with the housing provider — the landlord or property management company that configures the system. When a Buildium user sets up a workflow that charges ESA accommodation applicants the same fees as standard pet applicants, the housing provider, not the software vendor, bears the legal risk.
Under the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B), covered housing providers must make reasonable accommodations in their policies and practices for persons with disabilities. An emotional support animal is a recognized reasonable accommodation under this provision. HUD guidance FHEO-2020-01 clarifies the fee implications: a housing provider "may not charge a pet deposit" for an approved assistance animal, which includes an ESA.
This prohibition covers all pet-related fees assessed in connection with the animal:
— One-time pet deposits (refundable or non-refundable)
— Monthly pet rent or pet fees
— Application fees charged by the landlord to process a pet application
— Third-party screening fees required as a condition of submitting an ESA accommodation request
The last category — third-party screening fees — is where Buildium integrations create particular legal exposure. If Buildium's workflow directs a tenant's ESA accommodation request through a paid animal screening platform before it reaches the landlord for review, the tenant is effectively being charged money as a prerequisite for exercising a federal right. HUD has signaled in its guidance and enforcement actions that this practice warrants scrutiny under the FHA.
Buildium is heavily used by smaller, independent landlords — those managing fewer than 50 units. A common misconception is that small landlords are exempt from the Fair Housing Act's disability provisions. This is generally incorrect.
The FHA's exemptions (42 U.S.C. § 3603) are narrow. The primary exemption — for owner-occupied buildings with four or fewer units where the owner lives on the premises — does not extend to landlords who manage their units through a property management company or who list properties through a licensed real estate agent. A landlord managing five rental units through Buildium is almost certainly a covered housing provider under the FHA, regardless of the property's size.
Small landlords are subject to the same reasonable accommodation obligations as institutional property managers. They are also subject to the same HUD complaint and private litigation remedies. The informal management style common among small landlords does not reduce legal exposure; it may increase it, by creating fewer documented procedures and more opportunities for ad hoc decisions that could be characterized as discriminatory.
Tenants at Buildium-managed properties who have been charged pet fees in connection with an ESA accommodation request should take the following steps:
Download all Buildium portal records. Log in to your tenant portal and save copies of all invoices, payment records, and messages. This documentation may be inaccessible after a lease ends if the landlord terminates portal access.
Submit a written accommodation request (if you haven't already). The formal request letter triggers the landlord's accommodation obligations and creates the legal record from which your complaint will be measured. Include a citation to 42 U.S.C. § 3604(f) and HUD FHEO-2020-01.
Request a fee reversal in writing. After submitting or confirming your accommodation request, email the landlord asking that all pet-related charges be removed from your ledger. This creates a record of the landlord's response or non-response.
File a HUD complaint if the landlord refuses. Go to hud.gov/fairhousing. File within one year of the improper charge. Attach your accommodation request, the landlord's refusal, and the billing statements showing the improper fees.
TenantPetRights.org is an independent educational resource. Not a law firm. Not legal advice. Consult a licensed attorney for your specific situation.