Can Apartments Charge For Emotional Support Animals: Learn With This Guide

Emotional Support Animals: A Brief Overview

Under federal emotional support animal laws, ESAs are “assistance animals” (not pets) kept in housing to help a person with a disability.

ESAs don’t have to be trained to perform specific tasks, unlike service animals under the Americans with Disabilities Act, ADA. Their role is to provide therapeutic benefits that alleviate disability symptoms. 

In housing, ESAs are evaluated under the FHA, which treats assistance animals differently from pets.

Here is a list of some of the best emotional support dogs (temperament matters more than breed):

• Labrador Retriever
• Golden Retriever
• Poodle (and Doodle mixes)
• Cavalier King Charles Spaniel
• Corgi
• Havanese

Importantly, breed or weight limits that apply to pets generally do not apply to assistance animals. Providers can only act on specific animal behavior (e.g., a direct threat) rather than stereotypes.

Can Apartments Charge For ESAs: What Does The Law Say

No pet fees or charges are applied for ESAs. The FHA requires housing providers to consider reasonable accommodations for assistance animals, including ESAs, even in “no-pet” buildings.

HUD’s guidance states that pet rules don’t apply to assistance animals, and landlords may not charge pet deposits, pet rent, or surcharges for ESAs. Although they can recover for actual damage, like they would for any tenant.

The ADA governs access to service animals in public places, but housing decisions about ESAs are handled under the FHA.

ESA Law: The Fair Housing Act (FHA)

Mentioned are the key FHA points for tenants and landlords:

• Assistance animals are not pets. Requests to live with an ESA are treated as disability reasonable accommodations to pet/no-animal rules.
• No pet fees or pet deposits. Housing providers may not charge a deposit, fee, or surcharge for an assistance animal, but may charge for damage if that’s their standard practice.
• No blanket breed/size bans. You can’t deny solely due to breed or size. Decisions must be about the specific animal’s conduct (e.g., a direct threat or fundamental alteration).
• Valid documentation. If the disability or need isn’t obvious, a provider may request reliable documentation from a licensed health professional. Telehealth is acceptable when the provider has personal knowledge of the person. 
• Multiple emotional support animals. Requests sometimes involve more than one ESA. Each request must be evaluated on a case-by-case basis.

Are Pet Deposits Required For Emotional Support Animals

No! A landlord cannot require a pet deposit, pet fee, or pet rent for an ESA because assistance animals are not pets. However, the tenant is responsible for paying for damage caused by the animal under the same rules that apply to any tenant.

Why This Matters: The FHA’s accommodation process is meant to level the playing field for renters with disabilities. HUD’s guidance even lists “waive a pet deposit” as an example of a valid accommodation request.

Can An Apartment's Landlord Deny An ESA

Yes, but only in limited situations. A landlord must grant an ESA request that meets the FHA’s criteria unless specific exceptions apply.

When can a landlord deny an ESA?

• Direct threat: The specific animal poses a direct threat to health or safety that can’t be reduced with reasonable steps.
• Significant property damage: The animal would cause substantial physical damage that reasonable measures can’t mitigate.
• Undue financial/administrative burden or fundamental alteration of operations.
• Insufficient documentation: When the disability/need isn’t obvious after giving the tenant a real chance to provide reliable information from a licensed provider. 

Documentation 101: Who Can Write An ESA Letter?

A sample ESA letter should come from a licensed health professional. These include physicians, psychologists, psychiatrists, licensed clinical social workers, nurse practitioners, etc, who have personal knowledge of your condition and state that you are a person with a disability and that the animal provides needed assistance or therapeutic benefits. 

Legitimate telehealth providers are acceptable if they practice within scope and know the patient. However, generic online “registrations/certificates” alone aren’t reliable under HUD guidance.

What about emotional support animal cost?

There’s no lawful ESA “pet fee.” Normal costs of pet care (food, vet, training you choose) are yours, and you’re responsible for damage the animal causes, just like any tenant.

Summing Up,

Apartments generally cannot charge extra for ESAs or apply pet rules to them. The FHA requires housing providers to consider ESA requests as reasonable accommodations, prohibits pet fees, and allows denials only for specific, evidence-based reasons like direct threat, significant damage, undue burden, or insufficient documentation after a good-faith process. 

If you need an ESA, get a compliant letter from a licensed health professional who knows your case. Avoid “registries” that don’t meet HUD’s standards.

Ready to make your housing situation easier? Consider trying RealESALetter.com, and just make sure your letter is issued by a properly licensed provider consistent with HUD’s guidance, so you can confidently request your accommodation and focus on your well-being.