Emotional support animals (ESAs) are granted housing rights under the Fair Housing Act. While the law is clear about the rights of emotional support animal owners to live with their ESAs in a rental property, its specifics can be pretty confusing.
In this article, we’ll discuss what the law says about pet rents for emotional support animals. Read to the end to know if you have to pay pet rent for an ESA.
What Is an Emotional Support Animal?
An emotional support animal is an assistance animal that provides comfort to an individual with a psychiatric disability through companionship. These remarkable animals simply exist and comfort their owners by being present.
However, emotional support animals aren’t the same as service animals. While service animals must be dogs trained for an individual’s disability, emotional support animals can be any pet someone with a psychiatric disability is allowed to have. They also don’t have any training requirements.
Furthermore, emotional support animals are considered medical tools. A licensed mental health professional essentially “prescribes” an emotional support animal to an individual with a psychiatric disability as part of their treatment.
To summarize what an ESA is, any pet can be an emotional support animal, but the owner must first get an ESA letter from a licensed mental health worker prescribing an emotional support animal to the individual. Once obtained, their pet legally becomes an emotional support animal and is protected under the Fair Housing Act.
Do I Have to Pay Pet Rent for My ESA?
The protections of the Fair Housing Act enable ESA owners to request reasonable accommodation for their assistance animals, such as changing a no-pet clause in the rental agreement or lease.
Luckily, many residential rental properties allow pets, and landlords happily welcome those with an emotional support animal. However, housing providers cannot subject emotional support animals to the same rules as pets, as they are considered a medical need under federal law.
Due to this difference, you don’t have to pay pet rent for your ESA under any circumstances. Emotional support animals are exempt from pet rents, whether the landlord has a no-pet policy or not. If the landlord asks for a pet rent despite this, it would be a clear violation of the Fair Housing Act, and you can file a complaint with the Department of Housing.
What About Pet Deposits or Other Fees?
The same as pet rents, the landlord cannot ask for pet deposits or other fees. Emotional support animals are exempt from all payments typically required for pets in housing, as they aren’t one. They are a medical need that individuals with a psychiatric disability require for their condition.
With all this said, you don’t have to pay anything extra when renting a property with your emotional support animal.
What to Do in Case of Disputes With the Landlord?
The law is clear about pet rents and emotional support animals. If your landlord is giving you trouble despite the Fair Housing Act, it is best to speak and inform them about the law first. Many landlords are unaware of the rules regarding emotional support animals in housing. Simply informing your landlord about the Fair Housing Act can go a long way in solving ESA disputes.
If your landlord doesn’t care about the law and wants you to pay pet rent or other fees for your emotional support animal, consider filing a complaint with the Department of Housing and Urban Development (HUD). You can also contact a lawyer for specific legal advice based on your dispute with the landlord.
Additionally, legitimate ESA letter provider websites, like EmotionalSupportAnimal, provide legal support if you’ve obtained your ESA letter through them. After getting legal advice, you can make an informed decision on how to handle a landlord asking for pet rent for an ESA.
You Don’t Have to Pay Pet Rent for Your ESA
The Fair Housing Act is clear about pet rents, deposits, fees, or any other payment requested by landlords for emotional support animals. Now that you have an answer to whether you have to pay rent for ESA, never pay a landlord who charges you extra for your ESA, and consider filing a complaint to report this violation of the Fair Housing Act.
