Can a Landlord Charge Fees for Emotional Support Dogs?
The question of whether a landlord can charge fees for emotional support dogs is a common concern among tenants with disabilities who rely on these animals for comfort and assistance. The answer to this question is simple:
No, a landlord cannot charge fees for emotional support dogs.
Under the Fair Housing Act, emotional support animals are considered an accommodation for people with disabilities, and landlords are required to make reasonable accommodations for tenants who require them. This includes waiving pet fees or deposits typically charged for pets in rental units.
Landlords must recognize emotional support dogs as an essential part of a disabled person’s treatment plan and allow them to live in rental properties without imposing additional fees. Failure to comply with these regulations could result in legal consequences for the landlord.
FAQs:
1. Do emotional support dogs have the same rights as service dogs?
Yes, emotional support dogs are protected under the Fair Housing Act as service animals and are entitled to certain rights and accommodations.
2. Can a landlord deny a tenant with an emotional support dog?
Landlords cannot deny housing to a tenant solely because they have an emotional support dog. Denying housing based on disability is considered discrimination.
3. Can a landlord ask for documentation for an emotional support dog?
Landlords can request documentation from a healthcare provider verifying the need for an emotional support dog as a reasonable accommodation for a disability.
4. Can a landlord charge a pet deposit for an emotional support dog?
No, landlords cannot charge pet deposits or additional fees for emotional support dogs under the Fair Housing Act.
5. Can a landlord evict a tenant for having an emotional support dog?
Evicting a tenant for having an emotional support dog without cause is illegal and could result in legal action against the landlord.
6. Can a landlord impose weight or breed restrictions on emotional support dogs?
Under the Fair Housing Act, landlords cannot impose breed or weight restrictions on emotional support dogs as long as they are necessary for a tenant’s disability.
7. Can a landlord require an emotional support dog to undergo training or certification?
Landlords cannot require emotional support dogs to undergo specific training or certification as a condition for living in rental properties.
8. Can a landlord charge additional rent for an emotional support dog?
No, landlords cannot charge additional rent for emotional support dogs as they are considered an accommodation for a disability.
9. Can a landlord request access to a tenant’s medical records to verify the need for an emotional support dog?
Landlords are not entitled to access a tenant’s full medical records but can request documentation from a healthcare provider confirming the need for an emotional support dog.
10. Can a landlord require an emotional support dog to wear a vest or identification?
While it is not required by law, some landlords may request that emotional support dogs wear identification to distinguish them from pets.
11. Can a landlord restrict the areas of the rental property where an emotional support dog is allowed?
Landlords cannot restrict emotional support dogs from accessing certain areas of the rental property if they are necessary for the tenant’s disability.
12. Can a landlord terminate a lease if an emotional support dog causes damage to the property?
Landlords cannot terminate a lease solely because an emotional support dog causes damage to the property. However, tenants are responsible for any damages caused by their emotional support dogs.