The answer is YES, but with certain conditions.
When it comes to emotional support animals (ESAs), there can often be confusion regarding the rights and responsibilities of both landlords and tenants. While housing providers are generally required to make reasonable accommodations for individuals with disabilities, including allowing emotional support animals in their properties, they are also allowed to charge fees under certain circumstances.
Under the Fair Housing Act (FHA), housing providers are prohibited from discriminating against individuals with disabilities, and this includes allowing them to keep emotional support animals in their homes, even if the property has a “no pets” policy. However, it is important to note that ESAs are not considered service animals and are not granted the same rights as them.
So, can housing charge a fee for an emotional support animal?
Yes, housing providers can charge a fee for an emotional support animal, but only if it is a standard pet fee or deposit. This means that if a housing provider charges fees for pets, such as a pet deposit or a monthly pet rent, they can also charge the same fees for an emotional support animal. However, they cannot charge additional fees or higher fees based solely on the presence of an emotional support animal.
It is important to remember that the purpose of these fees is to cover any potential damages caused by the animal. Housing providers can require the tenant to pay a security deposit, for example, if the animal has caused any damage to the rented property beyond normal wear and tear.
Here are some frequently asked questions regarding housing fees for emotional support animals:
1. Can housing charge an extra non-refundable fee for an emotional support animal?
No, housing providers cannot charge an extra non-refundable fee solely based on the presence of an emotional support animal.
2. Can housing charge a higher pet deposit for an emotional support animal?
No, housing providers cannot charge a higher pet deposit for an emotional support animal. They can only charge the same pet deposit they would charge for any other pet.
3. Can housing charge a monthly pet rent for an emotional support animal?
Yes, housing providers can charge a monthly pet rent for an emotional support animal as long as they also charge the same pet rent for other pets.
4. Can housing charge fees for verification or documentation of the emotional support animal?
No, housing providers cannot charge fees for verification or documentation of an emotional support animal.
5. Can housing ask for proof of the emotional support animal’s training or certification?
No, housing providers cannot ask for proof of training or certification for an emotional support animal.
6. Can housing impose size or breed restrictions on emotional support animals?
No, housing providers cannot impose size or breed restrictions on emotional support animals. They must make reasonable accommodations regardless of the animal’s size or breed.
7. Can an emotional support animal be denied access to housing due to concerns about damage?
Yes, if an emotional support animal has caused significant damage to the property in the past, a housing provider may deny access to the animal. However, this decision must be based on the animal’s behavior and not simply on the individual’s disability.
8. Can housing require a specific type of insurance for an emotional support animal?
No, housing providers cannot require specific insurance coverage for an emotional support animal.
9. Can housing require a separate pet agreement for an emotional support animal?
No, housing providers cannot require a separate pet agreement solely for an emotional support animal.
10. Can housing charge a fee for an assistance animal used for therapeutic purposes?
No, housing providers cannot charge fees for an assistance animal used for therapeutic purposes, as they are considered service animals.
11. Can housing charge a fee for a comfort animal?
Comfort animals are not recognized as a distinct category in the Fair Housing Act, so housing providers can treat them as pets and charge standard pet fees accordingly.
12. Can housing require an emotional support animal to wear any type of identification or vest?
No, housing providers cannot require an emotional support animal to wear any type of identification or vest. Identifying an emotional support animal by its behavior is sufficient.