Can Landlords Charge Extra for Emotional Support Animals?

No, landlords cannot legally charge extra pet rent, pet deposits, or non-refundable pet fees for emotional support animals (ESAs). Under the Fair Housing Act (FHA), ESAs are considered assistance animals, not pets, and are protected from additional housing-related charges. However, landlords can still require proof of need and may charge for actual property damage.

That said, tenants still have responsibilities. Landlords can ask for valid documentation from a licensed healthcare provider confirming your need for an ESA, and they can still charge for any damage caused by the animal, just as they would with any tenant.

In this guide, we’ll break down your legal rights, what landlords can (and can’t) ask for, and how to protect yourself as a renter with an emotional support animal

What Is an Emotional Support Animal?

An emotional support animal (ESA) is a companion animal prescribed by a licensed mental health professional to help alleviate symptoms of a mental or emotional disability. Unlike pets, ESAs serve a therapeutic purpose, they provide comfort, reduce anxiety, and improve the emotional well-being of their owners.

ESAs can be dogs, cats, or other common household animals, and they don’t need specialized training to perform specific tasks. Instead, their presence alone is what provides the benefit. To qualify for ESA protections under housing law, tenants must have a letter from a licensed professional confirming their need for the animal.

Emotional Support Animal vs. Service Animals?

While they’re both considered assistance animals, ESAs and service animals are not the same. They’re covered by different legal standards.

• Service animals are individually trained to perform specific tasks for a person with a physical or psychiatric disability (such as guiding someone who is visually impaired or detecting seizures). They’re covered under the Americans with Disabilities Act (ADA) and have public access rights.
• Emotional support animals, on the other hand, are not task-trained and are only protected under the Fair Housing Act (FHA) in housing-related situations. They do not have the right to enter restaurants, stores, or airplanes unless explicitly allowed.

What Does the Fair Housing Act Say About ESAs?

The Fair Housing Act (FHA) is the key federal law that protects the rights of renters with emotional support animals. Under this law, landlords must make reasonable accommodations for tenants with disabilities, including allowing ESAs in housing that might otherwise prohibit pets.

Who Does the FHA Apply To?

The FHA applies to most housing providers, including apartment complexes, single-family rentals, and condos, even those with strict “no pets” policies. Only a few exceptions apply (such as owner-occupied buildings with four or fewer units).

What Landlords Can Require

While landlords can’t charge fees or deny housing because of an emotional support animal, they’re still allowed to have reasonable rules and regulations. Here’s what they can ask for under the Fair Housing Act.

Valid ESA Documentation

Landlords are allowed to request proof that your ESA is legally recognized. This typically means a letter from a licensed mental health professional verifying that the animal is necessary to treat or support a diagnosed emotional or mental health condition.

Confirmation Letter

Your ESA letter should be written by a licensed healthcare provider (such as a therapist, psychiatrist, psychologist, or doctor) and must:

• Be on official letterhead
• Be dated within the past year
• Confirm that you have a qualifying condition and that the ESA is part of your treatment plan

Note: The letter does not need to disclose your diagnosis or detailed medical history.

Notice

You’re expected to inform your landlord of your ESA before move-in (or as soon as the need arises). Providing documentation early helps avoid misunderstandings and ensures your request is processed as a reasonable accommodation under the FHA.

Damage Charges

While landlords can’t charge upfront fees or pet deposits, they can charge you for actual damage caused by your ESA. This includes things like chewed doors, scratched floors, or stained carpets, just as they would with any tenant-caused damage.

Common Misconceptions About ESA and Housing

Can a Landlord Deny an Emotional Support Animal?

Yes, but only in very limited situations. While the Fair Housing Act protects renters with emotional support animals, there are a few exceptions where a landlord can legally say no.

Landlords can deny an ESA if:

• The animal poses a direct threat to the health or safety of others (e.g., history of aggressive behavior).
• Accommodating the ESA would create an undue financial or administrative burden (like extensive renovations or staffing).
• The property qualifies for a legal exemption under the FHA, for example, an owner-occupied building with four or fewer units.

Otherwise, a landlord cannot deny an ESA based on breed, weight, or species alone. Blanket restrictions don’t apply to emotional support animals, and personal preferences or general fears aren’t valid legal reasons for denial.

If your ESA is well-behaved and your documentation is in order, the law is on your side.

What Happens if a Landlord Breaks the Law?

If a landlord refuses to follow the Fair Housing Act when it comes to emotional support animals, they may be violating federal law. Fortunately, renters have options, and landlords can face serious consequences.

Options as a Tenant

If you’ve been wrongfully denied housing or charged illegal pet fees for an ESA, you can:

• File a formal complaint with the U.S. Department of Housing and Urban Development (HUD). HUD investigates discrimination claims and can take enforcement action.
• Contact a fair housing organization or tenant advocacy group in your area. These groups offer legal support, mediation services, and can help guide you through your rights.
• Consult a housing attorney if you’re facing eviction or need to take legal action for damages.

Potential Penalties for Landlords

Landlords who violate ESA protections under the FHA can face:

• Fines and monetary penalties
• Legal fees and costs associated with defending against a discrimination claim
• Orders to accommodate the tenant, including allowing the ESA, reversing a denial, or rescinding fees

In some cases, repeated violations can even lead to federal lawsuits. That’s why it’s so important for both landlords and tenants to know the law—and stick to it.

How to Properly Request an ESA Accommodation

Requesting an emotional support animal accommodation doesn’t have to be complicated, but it’s important to follow the correct steps to protect your rights and ensure a smooth process with your landlord.

1. Get a valid ESA letter from a licensed therapist, psychologist, psychiatrist, or medical doctor. The letter should confirm that you have a qualifying mental or emotional health condition and that the animal is part of your treatment plan. \

2. Submit a written request to your landlord or property manager. Keep it brief and professional, stating that you’re requesting a reasonable accommodation under the Fair Housing Act.

3. Include your ESA documentation, but don’t feel pressured to overshare. You are not required to disclose your diagnosis or provide full medical records—only the confirmation of need from a licensed provider.

4. Keep a record of everything. Save copies of your letter, emails, and any responses from your landlord. If disputes arise, you’ll want documentation that shows you made the request properly and followed legal guidelines.

Taking a proactive, respectful approach helps ensure your rights are honored, and sets the stage for a positive experience in your new home.

FAQs About ESAs and Housing Laws

Can landlords charge a security deposit for an ESA?

No, landlords cannot charge a separate pet deposit for emotional support animals. However, they can charge for actual damage caused by the ESA, just as they would for any other tenant-caused issue.

Are emotional support animals allowed in “no pet” housing?

Yes. Under the Fair Housing Act, landlords must allow ESAs even in buildings that have a strict “no pets” policy. ESAs are considered assistance animals, not pets, and are legally protected.

Can I have more than one ESA?

Yes, but each animal must be medically necessary and supported by documentation. If you have more than one ESA, your licensed healthcare provider must indicate that each animal serves a distinct role in your mental or emotional health treatment.

Can landlords deny ESAs based on breed or size?

No. Breed and size restrictions do not apply to emotional support animals. A landlord cannot deny an ESA simply because it's a specific breed or weighs more than their typical pet policy allows. However, they can deny the animal if it poses a direct threat or causes substantial property damage.