Can my landlord charge extra deposit for a service animal?

No. Service animals and ESAs are not pets under federal law. The landlord cannot charge pet deposit, pet rent, or refuse to accept them if you have proper documentation.

What is the difference between a service animal and an ESA?

A service animal is trained for specific tasks for people with disabilities (protected by ADA). An ESA provides emotional support with a letter from a mental health professional (protected by Fair Housing Act in housing).

Service animals and ESAs in rentals: your rights even if pets are not allowed

Assistance animals are not "pets"

If you need a service animal or an emotional support animal (ESA), federal law protects you even if your building has a "no pets" policy. It is important to know the difference between these types of animals and your rights as a tenant.

Difference between service animal, ESA, and pet

| Type | Definition | Legal protection |
|------|-----------|-----------------|
| Service animal | Trained to perform specific tasks for a person with a disability | ADA + Fair Housing Act |
| Emotional support animal (ESA) | Provides therapeutic support through its presence (no special training required) | Fair Housing Act |
| Pet | Companion animal without documented medical function | No special protection |

Your rights under the Fair Housing Act

The Fair Housing Act protects people with disabilities who need assistance animals in rental housing. Under this law:

The landlord must make a reasonable accommodation for your animal

Cannot charge you an extra deposit for the animal (pet deposit or pet fee)

Cannot charge you additional rent for the animal (pet rent)

Cannot reject you for having an assistance animal

Applies even in buildings with a "no pets" policy

Applies even if there are breed or size restrictions for pets

What can the landlord ask for?

| The landlord can | The landlord CANNOT |
|-----------------|-------------------|
| Ask for documentation of your need (if the disability is not obvious) | Ask for details about your diagnosis or medical condition |
| Request a letter from a health professional | Require that the animal have a specific certification or registration |
| Ask what task or function the animal performs | Ask for a deposit or fee for the animal |
| Deny if the animal poses a demonstrable direct threat | Reject you just because the animal is a certain breed or size |

How to request the accommodation

Step 1: Get medical documentation

You need a letter from a licensed mental health or medical professional that includes:

That you have a recognized disability (physical or mental)

That the animal provides therapeutic benefit related to your condition

The signature, license, and contact information of the professional

The letter should be recent (less than 1 year generally)

Important: "ESA certifications" bought online for $50-$100 are not valid in most states. You need a real relationship with a health professional.

Step 2: Send the request in writing

Send your landlord a formal letter requesting a reasonable accommodation that includes:

Your name and apartment address

That you are requesting an accommodation under the Fair Housing Act

Attach your health professional's letter

Basic description of the animal (type, breed, size)

Step 3: Wait for the response

The landlord must respond within a reasonable timeframe (generally 10-30 days)

If approved, they cannot charge additional fees

If denied, they must give a legitimate reason (direct threat, undue burden)

Your responsibilities as the animal's owner

Although the landlord cannot charge you extra, you are responsible for:

Keeping the animal under control at all times

Cleaning up after your animal (waste, hair, etc.)

Paying for damage the animal causes to the property

Complying with local laws for vaccination and licensing

Preventing the animal from causing excessive disturbances to other tenants (noise, aggression)

When can the landlord deny an ESA?

The landlord can legitimately deny if:

The animal poses a direct threat to safety (documented attack history)

The animal would cause substantial damage to the property that cannot be prevented

The request represents an undue financial burden on the landlord

The property has 4 units or fewer and the landlord lives in one of them ("Mrs. Murphy" exemption)

The medical documentation is insufficient or fraudulent

Service animals vs. ESAs: key differences

| | Service animal | ESA |
|--|---------------|-----|
| Training required | Yes (specific tasks) | No |
| Species | Dogs (and miniature horses in some cases) | Any animal |
| Access to public places | Yes (ADA) | No (housing and flights only) |
| Documentation needed | May not be required | Letter from health professional |
| Housing protection | Fair Housing Act + ADA | Fair Housing Act only |

What to do if your accommodation is denied

1. Document the denial in writing

2. File a complaint with HUD (hud.gov/fairhousing or 800-669-9777)

3. Contact your local civil rights agency

4. Seek legal assistance (Legal Aid in your state)

5. You can sue for housing discrimination

Additional state laws

Some states have broader protections:

| State | Additional protection |
|-------|---------------------|
| California | Penalizes ESA fraud; protects legitimate requests |
| New York | Includes comfort animals in housing protections |
| Colorado | Requires landlords to evaluate case by case |
| Florida | Law against fraudulent ESA letters |
| Virginia | Prohibits discrimination by service animal breed |

Practical tips

Before renting: ask about the pet policy and send your ESA request in advance

Keep copies: of all communication with the landlord about your animal

Be a good neighbor: a well-cared-for and calm animal makes cohabitation easier

Know the limits: protection is for real needs, not to avoid pet fees

Resources

HUD: 800-669-9777 (housing discrimination complaints)

ADA Information Line: 800-514-0301

Fair Housing: fairhousing.com

Legal Aid in your state: lawhelp.org

Assistance animals are a vital tool for many people. If you need one, do not let a "no pets" policy prevent you from accessing the housing you need. The law is on your side.