…and How to Protect Yourself as a Landlord

Nether the Fair Housing Act, housing providers such as landlords, Co-Ops, and HOAs cannot accuse their tenants fees, deposits, and surcharges with their emotional support animals (ESA). ESAs are not considered pets for purposes of Fair Housing rules and must be allowed even in buildings that prohibit pets. That also means that a edifice's general policies regarding pets practise non apply to emotional support animals. So fifty-fifty though the building may impose fees and deposits for regular pets, they may not do so for ESAs.

In this commodity, nosotros will too address concerns raised by housing providers who are worried nigh potential fraud and being on the hook for damage that an ESA may cause to the residence or mutual areas. Nosotros will hash out how landlords can validate an ESA asking and recover for expenses if an ESA causes damage.

If you lot do not accept the proper documentation for your ESA, we can assistance you connect with a licensed healthcare professional person licensed in your state to help you. Y'all can start by completing the questionnaire at the link below.

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Frequently Asked Questions

How fees, deposits, and fines apply to tenants with ESA'southward, and whether the tenant is eligible for a refund if they have already paid these charges.

My beast companion only recently qualified as an emotional back up animal. If I paid a deposit or fee when my ESA was just a pet, do I qualify for a refund?
This is a frequently asked question from tenants, and the reply is yes, but with some caveats. Information technology is very mutual for a tenant to move in with their pet, pay a pet fee or deposit and and then subsequently qualify for an emotional support animal through their licensed mental health professional. In these instances, if the tenant paid a deposit, they would exist entitled to a refund of the deposit since their animal companion is no longer considered a pet for purposes of Fair Housing rules. Landlords, Co-Ops, HOAs, and other housing providers are never permitted to accuse a fee or deposit because a tenant has an ESA.

However, with respect to refunds for fees, there is no articulate guidance on what portion of the fee should be refunded. Nevertheless, it could brand sense that the landlord would need to refund at least a prorated portion of the fee. For instance, if the tenant paid a fee to cover their pet for a yr and then qualified for an ESA mid-style through that year, they should at least get a prorated refund for the remaining half of the year. Information technology would exist appropriate to apply a fee in the first six months while the tenant endemic a pet, but not in the latter 6 months when the tenant's fauna companion qualified every bit a valid ESA.

My landlord says they will consider my ESA asking, but I volition demand to pay an application fee, can they practice that?

No, under Fair Housing rules, housing providers cannot charge a fee for processing an ESA adaptation asking. To qualify for an ESA, the tenant must obtain a recommendation letter from a licensed healthcare professional; registration is non sufficient. The tenant would and so submit this letter to their housing provider and request accommodation for their ESA. The housing provider must reply promptly to the request and no afterwards than 10 days from receiving the ESA letter. The housing provider can only deny the tenant'southward ESA in limited circumstances (such as if the ESA is dangerous or poses a wellness risk) and must engage in an interactive procedure with the tenant to accost any concerns. The housing provider is not permitted to charge an application fee or processing fee to consider the tenant's request to alive with their ESA.

I brought a pet dwelling house and was fined by my landlord for breaking the building's rules banning pets, but later that pet qualified as an emotional back up animal, can I get a refund of that fine?
Probably not. If the fine was validly issued at the time the pet violated the edifice'due south rules, the landlord was probably within their rights to issue the fine. The landlord would not have to refund a fine that was properly assessed when information technology was given. Even so, in these instances, it never hurts to accept a give-and-take with the landlord nearly your need for an ESA and whether whatsoever exemptions or waivers of the fine could exist granted. We ever recommend that tenants have open and honest discussions with their housing provider about their ESAs, and never hide the fact that they take brought an animal companion home.

It may be obvious, only it is important to annotation that a landlord can never accuse a fine considering the tenant owns an ESA. For example, if the building assesses a fine for pets brought into the building, that fine cannot be assessed for ESAs. Or, if the building charges a fine for having a large beast, that fine cannot be charged for an ESA.

My landlord says that because my ESA exceeds the edifice's weight limit on pets, I have to pay an additional fee, can they do that?

No, fees are never allowed for ESAs, and a edifice's normal policies regarding pets are non applicable to an ESA. Furthermore, under Off-white Housing rules, breed and weight restrictions cannot exist imposed on an ESA. For example, if the edifice normally has a policy that limits dogs to a certain weight or charges a fee for larger dogs, neither of those policies would apply to an emotional back up animal.

As a landlord, Co-Op board, or HOA, how practice I protect myself if the tenant's emotional back up animal causes harm to the residence or edifice?
A tenant is always responsible for harm acquired by their emotional support animal. Being exempt from pet fees and deposits does not absolve them of their responsibleness for the actions of their assistance animate being. If the ESA causes damage to the residence or whatever common expanse of the building, the landlord is within their rights to accuse the tenant for that damage.

In improver, Off-white Housing rules let for housing providers to deduct expenses for damages caused by an ESA from the tenant'south standard security eolith. That means that while housing providers don't accept the benefit of a separate and special deposit to encompass the ESA as they would potentially get for a pet, they tin can still deduct costs from the tenant'south general security deposit if the ESA causes any damage.

As a landlord, I'm concerned that my tenant is faking their need for an ESA to avoid paying the pet fee or eolith, how can I brand sure their request is legitimate?
For landlords concerned most tenants faking their need for an ESA to get out of paying pet fees and deposits, they do not merely accept to rely on the tenant's discussion. The landlord tin asking appropriate documentation to validate that their animal companion is an ESA in the form of an ESA letter. Annotation, still, those landlords should practice caution not to violate the privacy rights of the tenant. For case, landlords cannot ask for a specific diagnosis or for detailed data about the tenant's mental or emotional condition.

The only legitimate way to authorize for an ESA is by having a recommendation letter signed past a licensed healthcare professional person, such as a psychologist, psychiatrist, nurse, dr. assistant, advisor, or social worker. If the tenant is simply presenting a document, registration number, ID card, or vest, the landlord can request that the tenant provide farther documentation in the course of an ESA alphabetic character. A legitimate ESA letter should be signed and dated on the licensed healthcare professional's letterhead, and besides contain their contact and licensing information.

Why should my tenant not accept to pay a fee or deposit for their emotional support animate being when my other tenants are obligated to pay for their pets? That doesn't seem fair!
A basic guiding principle of Off-white Housing rules is that the disabled should be immune to relish their residence and edifice to the aforementioned extent that a non-disabled person can. Information technology would not be fair to charge someone disabled for adaptation they need in order to utilize their dwelling the aforementioned way a not-disabled person tin. Exempting ESA owners from fees and deposits allows those suffering from a mental or emotional disability to have equal opportunity to bask and use an apartment or home.

In addition, the exemption for fees and deposits does not let the tenant off the hook for the actions of their ESA. The tenant is responsible for the deportment of their emotional back up animate being, including damages it causes to the residence or belongings. The landlord tin deduct expenses for whatsoever amercement from the tenant'southward general security deposit, simply as it can with the other tenants in their building.

Understanding your rights every bit an ESA possessor can salvage you from unfair charges

ESA cats on bed with owner
Every bit an ESA owner, you have specific rights that protect you. Make certain that you sympathise your rights.

If you are currently living with an emotional back up creature and had previously paid a deposit or fee in connection with your animal companion, you may exist entitled to a refund. Information technology is likewise of import for landlords to understand these rights and so they know how to properly verify a tenant's ESA request and ensure they do non violate any Off-white Housing rules. Landlords should besides exist aware they tin all the same hold the tenant accountable for whatever damages acquired by an ESA and make deductions from a general security deposit.

What should yous do if your landlord continues to violate your Fair Housing Rights? Hither are a few options:

  1. Appoint in a dialogue with your landlord to encounter if there is a mutually adequate compromise to both parties.

    This is the best manner to resolve an ESA housing dispute.

  2. Consult with an attorney or apply a demand letter service to send a legal letter to your landlord.
  3. File a complaint with HUD

    This is a government agency that can investigate Fair Housing violation claims. This should only be a last resort option if all other measures have failed.

If you're curious about Fair Housing Laws for emotional support animals or the process to become a valid emotional support brute, you lot can read more well-nigh the Off-white Housing Deed for emotional support animals hither.

If you are having trouble finding a therapist, or information technology is difficult to encounter a therapist in person for financial reasons, scheduling issues due to work, family unit, or school, or because of anxieties or phobias most seeking help in person, ESA Doctors tin can aid connect you to a licensed professional person that is familiar with ESAs.

The professionals that work with ESA Doctors are licensed for your state and offer compassionate and agreement service to clients interested in whether an emotional support animal is right for them. Click on the button below to see if you may qualify for an ESA letter.

Need an ESA Letter? Nosotros can assistance. Click on the link below to become started!

Three easy steps to get an ESA Letter with ESA Doctors
Steps to getting an ESA letter. Click the link below to get started.
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