Learn your rights before paying any pet-related charges.
How the Fair Housing Act Treats Pet Rent, Pet Deposits & Assistance Animals
The key is understanding the difference between pets and assistance animals.
Your ESA/PSA Is an Assistance Animal Not a Pet
Under the Fair Housing Act (FHA), Emotional Support Animals and Psychiatric Service Animals are considered assistance animals when they help reduce symptoms of a mental health disability.
- They must be allowed in "no pet" housing.
- Pet rent must be waived.
- Pet deposits must be waived.
- Non-refundable "pet fees" may not be charged.
HUD Guidance Confirms This
HUD's official guidance on assistance animals clearly states that housing providers may not charge pet fees for ESAs or PSAs because they are accommodations not pets.
Understanding Fees: What Pet Rent, Pet Deposits, and "Pet Fees" Really Are
- Monthly pet rent ($25-$75/mo)
- Pet deposits ($150-$500+)
- One-time non-refundable pet fees
- Breed/weight surcharges
Once your animal is an assistance animal, these fees must be waived:
- No monthly pet rent
- No pet deposits
- No non-refundable "pet fees"
- No breed or weight restrictions
Your Rights: When Landlords Must Waive Pet Rent & Deposits
Landlords must waive pet-related fees when all 3 conditions are met:
- You have a qualifying mental health disability.
- Your animal helps with symptoms or functioning.
- You provide reliable ESA/PSA documentation from a licensed professional.
Once these are met, your ESA/PSA is not a pet fees must be waived.
Verification: What Your Landlord Can (and Can't) Ask For
Landlords May Request:
- Verification that you have a disability.
- Documentation showing your animal helps with that disability.
- Contact info for your clinician.
They May NOT Require:
- Pet rent, pet deposits, or ESA fees
- Your therapy notes or medical history
- Registration in any ESA "database"
- 30 days of therapy before approval
- Vests, certificates, or ID cards
Responsibility: Do You Still Pay for Damage?
Yes but only for actual damage. You cannot be charged:
- Pet rent
- Deposits
- "Just in case" pet fees
You can only be charged for repairs if your animal causes actual damage beyond normal wear and tear.
Quick Checklist: Pet Rent & Deposit Rights
You're Protected If:
- You have a mental health disability.
- Your animal helps reduce symptoms.
- You have proper ESA/PSA documentation.
Red Flags:
- "We always charge pet rent even for ESAs."
- "You must register your dog in our system."
- "ESA deposit required."
- "We only take letters from our clinic."
