Federal Law Is Clear on This
Under the Fair Housing Act, service animals and emotional support animals (ESAs) are considered reasonable accommodations for people with disabilities, not pets. Because they are not pets, landlords cannot apply pet policies, pet deposits, or pet fees to them. This is federal law that overrides lease terms and state law.
Service Animals vs. Emotional Support Animals
- Service animals: Trained to perform specific tasks for a person with a disability (e.g., guide dogs)
- Emotional support animals: Provide emotional support to a person with a documented disability
- Both are protected under the Fair Housing Act for housing
- Service animals also have additional protections under the ADA in public spaces
What Landlords CAN and Cannot Do
- Can: Request documentation of the disability need (but not a diagnosis)
- Can: Require the animal to be under control at all times
- Can: Charge for actual damage caused by the animal at move-out
- Cannot: Charge a pet deposit or pet fee
- Cannot: Charge extra monthly rent as a 'pet fee'
- Cannot: Refuse housing because you have a service animal or ESA
- Cannot: Require breed or weight exceptions not based on disability
If a landlord charges you a pet deposit for a service animal or ESA, you can file a fair housing complaint with HUD (the U.S. Department of Housing and Urban Development) at hud.gov. This is a federal violation.
Damage Caused by Your Animal
While landlords cannot charge a pet deposit in advance, they retain the right to deduct from your security deposit for any actual damage caused by your service animal or ESA at the end of your tenancy. The prohibition is on the pre-emptive fee, not on charging for real damage that occurred.