Short answer
It depends. The 2004 HUD and Justice Department joint statement says landlords shouldn't charge extra fees or deposits as a condition of an accommodation, but since May 2026 HUD presumes an animal request is reasonable only for trained animals. For an untrained ESA, ask in writing for pet charges to be waived and check your state's fair housing law.
Pet rent adds up fast. A $50 monthly pet charge is $600 a year, before you count a pet deposit and a one-time pet fee. For renters who need their animal for their mental health, a reasonable accommodation request can ask for those charges to be waived. Whether the landlord has to agree is less settled than it was a year ago.
What the rules say now
Under the Fair Housing Act, allowing an assistance animal can be a reasonable accommodation for a tenant with a disability. On pet charges specifically, the federal picture now looks like this:
- The 2004 HUD and Justice Department joint statement, which still stands, says housing providers may not require people with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation, and uses an assistance animal as an example.
- HUD's May 2026 enforcement guidance presumes an animal request is reasonable only when the animal is individually trained to do disability-related tasks. For an untrained ESA, HUD no longer expects landlords to grant the request automatically, which makes federal action over pet fees unlikely.
- Courts don't all agree. In 2025, a federal court in Louisiana (Henderson v. Five Properties) found that refusing to waive a pet fee wasn't automatically a Fair Housing Act violation.
- State law can go further. Some states, such as California, protect emotional support animals under their own fair housing laws without requiring training.
Pet charges you can ask to have waived include monthly pet rent, pet deposits (refundable or not), one-time pet or "pet admin" fees, and extra charges added to your security deposit because of the animal. For a trained psychiatric service dog the request is on much firmer ground, because HUD presumes it reasonable. For an untrained ESA, ask anyway, in writing, and check your state's fair housing law.
What a landlord can still charge
Even where pet charges are waived, you still pay for damage. A landlord can:
- Charge the same security deposit every tenant pays. If they approve your accommodation, they shouldn't raise it because of your animal.
- Deduct for real damage. If your animal scratches doors or ruins carpet beyond normal wear, that can come out of your regular deposit, exactly as it would for damage you caused yourself.
- Enforce the rest of the lease. Noise rules, cleanliness and keeping the animal under control still apply.
Timing: why asking first matters
Any waiver starts when you request the accommodation, not when you got your animal. That has two practical consequences.
First, if you're signing a new lease, request the accommodation before you sign or as part of your application. That way the lease is written without pet charges from day one. Second, if you've been paying pet rent for months and only now get an ESA letter, ask for the charges to stop from the point your request is approved. Fees you paid before you asked usually aren't refunded automatically. You can ask in writing, but don't count on it.
Tip: make the request in writing, attach your ESA letter and ask the landlord to confirm in writing that pet rent and pet fees will be removed. Keep copies of everything. Our guide on how to ask your landlord for an ESA accommodation includes a template.
Pet screening services and application fees
Many property managers use third-party pet screening services as part of their application. If your animal is an emotional support animal, choose the assistance animal option rather than the pet profile. If a screening service charges a pet fee, ask the landlord to waive it as part of your accommodation request, the same as any other pet charge.
What to do if you're still being charged
- Check that your request was made. If the landlord never received your letter, start there.
- Ask in writing for the charge to be removed. Point to the 2004 HUD and Justice Department joint statement, which says housing providers may not require extra fees or deposits as a condition of a reasonable accommodation, and to your state's fair housing law.
- Give a reasonable deadline. Ten business days is common and fair.
- Escalate if nothing changes. For an untrained ESA, your state or local fair housing agency is often the better route since HUD's 2026 change. You can still file with HUD at 1-800-669-9777, generally within one year.
If the landlord is pushing back on the letter itself rather than the charges, see what to do when an ESA letter is rejected.
Housing the Fair Housing Act doesn't cover
A few kinds of housing are exempt from parts of the Fair Housing Act, including owner-occupied buildings with four or fewer units and some single-family homes rented by the owner without an agent. State law sometimes fills those gaps, so check your state's rules. The Fair Housing Act also doesn't cover hotels or short-term vacation rentals.
How much an ESA letter can save
If your landlord agrees to waive $50 a month in pet rent plus a one-time pet fee, an ESA housing letter at $99 can pay for itself within a couple of months. That isn't guaranteed: the landlord has to grant the waiver, and you have to genuinely qualify. The letter has to come from a licensed clinician who decides an emotional support animal is appropriate for you, and not everyone is approved.
Frequently asked questions
Can a landlord charge a pet deposit for an emotional support animal?
It depends. The 2004 HUD and Justice Department joint statement says landlords may not require extra deposits as a condition of a reasonable accommodation, but since May 2026 HUD presumes an animal request is reasonable only for trained animals, so for an untrained ESA the answer can depend on your state and your landlord. The standard security deposit every tenant pays still applies.
Can my landlord charge me for damage my ESA causes?
Yes. You're responsible for damage beyond normal wear and tear, and the landlord can deduct it from your regular security deposit like any other damage.
Will I get back the pet fees I already paid?
Not automatically. The accommodation generally applies from the time you request it. You can ask in writing for past fees to be credited, but most landlords only remove charges going forward.
Do these rules apply to condos and HOAs?
Yes. Condominium associations and HOAs are covered by the Fair Housing Act and must consider reasonable accommodation requests for assistance animals, including requests to waive pet fees and pet restrictions.
Do pet fee rules work differently for psychiatric service dogs?
Yes. Since May 2026, HUD presumes a request for a trained psychiatric service dog is reasonable, and the 2004 joint statement says no extra fees or deposits as a condition of an accommodation, so a trained dog is on much firmer ground than an untrained ESA.
Sources
- Fair Housing Act, 42 U.S.C. § 3604 (Legal Information Institute, Cornell Law School)
- 24 CFR § 100.204, Reasonable accommodations (Electronic Code of Federal Regulations)
- HUD and U.S. Department of Justice, Joint Statement on Reasonable Accommodations Under the Fair Housing Act, May 17, 2004
- HUD, Notification of Withdrawal of Fair Housing and Equal Opportunity Guidance Documents, Federal Register, April 6, 2026
- Disability Rights Education & Defense Fund, summary of HUD's May 22, 2026 enforcement guidance on animal accommodations
Laws and agency positions change. We last checked this page against these sources on October 24, 2026. It is general information, not legal advice.
Find out whether you qualify for an ESA letter
Answer a few questions and a mental health professional licensed in your state reviews your assessment. If you're approved, your Fair Housing Act letter arrives as a PDF, typically within 24 to 48 hours of your evaluation.* $99 one-time, $25 per additional animal, $79 to renew each year. Full refund if you're not approved.
*Arkansas, California, Iowa, Louisiana and Montana require a 30-day client–provider relationship before a letter can be issued, so the letter issues after day 30.