…and How to Protect Yourself equally a Landlord

Nether the Fair Housing Deed, housing providers such every bit landlords, Co-Ops, and HOAs cannot accuse their tenants fees, deposits, and surcharges with their emotional support animals (ESA). ESAs are non considered pets for purposes of Fair Housing rules and must be allowed even in buildings that prohibit pets. That as well ways that a building'due south full general policies regarding pets do not apply to emotional support animals. And then even though the building may impose fees and deposits for regular pets, they may not exercise then for ESAs.

In this article, we will also address concerns raised past housing providers who are worried about potential fraud and being on the hook for impairment that an ESA may cause to the residence or common areas. We volition discuss how landlords can validate an ESA request and recover for expenses if an ESA causes damage.

If you do not have the proper documentation for your ESA, nosotros can assistance you connect with a licensed healthcare professional licensed in your state to help you. You lot can showtime by completing the questionnaire at the link beneath.

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Frequently Asked Questions

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

My beast companion merely recently qualified as an emotional support animal. If I paid a eolith or fee when my ESA was but a pet, do I authorize for a refund?
This is a frequently asked question from tenants, and the respond is yes, but with some caveats. It is very common for a tenant to move in with their pet, pay a pet fee or deposit and then later on qualify for an emotional support brute through their licensed mental health professional. In these instances, if the tenant paid a deposit, they would be 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 charge a fee or eolith because a tenant has an ESA.

Even so, with respect to refunds for fees, at that place is no clear guidance on what portion of the fee should be refunded. However, information technology could make 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-mode through that year, they should at to the lowest degree go a prorated refund for the remaining half of the year. It would be appropriate to employ a fee in the get-go six months while the tenant owned a pet, but non in the latter half dozen months when the tenant's animal companion qualified every bit a valid ESA.

My landlord says they will consider my ESA request, but I volition need to pay an application fee, can they do that?

No, under Off-white Housing rules, housing providers cannot accuse a fee for processing an ESA accommodation request. To qualify for an ESA, the tenant must obtain a recommendation alphabetic character from a licensed healthcare professional; registration is non sufficient. The tenant would then submit this letter to their housing provider and request accommodation for their ESA. The housing provider must answer promptly to the request and no afterward than x days from receiving the ESA letter of the alphabet. The housing provider tin just deny the tenant's ESA in limited circumstances (such as if the ESA is dangerous or poses a health take a chance) and must engage in an interactive process with the tenant to address whatever concerns. The housing provider is not permitted to charge an application fee or processing fee to consider the tenant'south request to live with their ESA.

I brought a pet home and was fined by my landlord for breaking the building'south rules banning pets, but later that pet qualified as an emotional support fauna, can I go a refund of that fine?
Probably not. If the fine was validly issued at the time the pet violated the building's rules, the landlord was probably within their rights to result the fine. The landlord would not take to refund a fine that was properly assessed when it was given. However, in these instances, it never hurts to accept a discussion with the landlord most your demand for an ESA and whether whatever exemptions or waivers of the fine could exist granted. Nosotros e'er recommend that tenants have open and honest discussions with their housing provider nigh their ESAs, and never hibernate the fact that they have brought an animal companion home.

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

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

No, fees are never immune for ESAs, and a building's normal policies regarding pets are not applicable to an ESA. Furthermore, under Fair Housing rules, brood and weight restrictions cannot be imposed on an ESA. For case, if the building 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 support animate being.

As a landlord, Co-Op board, or HOA, how do I protect myself if the tenant'south emotional support animate being causes impairment to the residence or building?
A tenant is always responsible for damage caused past their emotional support brute. Being exempt from pet fees and deposits does not absolve them of their responsibility for the actions of their assistance animal. If the ESA causes impairment to the residence or whatever common area of the building, the landlord is inside their rights to charge the tenant for that damage.

In addition, Fair Housing rules let for housing providers to deduct expenses for damages caused by an ESA from the tenant'southward standard security deposit. That ways that while housing providers don't take the do good of a split up and special deposit to cover the ESA as they would potentially get for a pet, they can notwithstanding deduct costs from the tenant's general security eolith if the ESA causes whatsoever damage.

As a landlord, I'm concerned that my tenant is faking their need for an ESA to avoid paying the pet fee or deposit, how can I make certain their request is legitimate?
For landlords concerned about tenants faking their need for an ESA to get out of paying pet fees and deposits, they do non only accept to rely on the tenant'due south word. The landlord can request appropriate documentation to validate that their brute companion is an ESA in the class of an ESA letter. Note, nevertheless, those landlords should exercise caution not to violate the privacy rights of the tenant. For case, landlords cannot inquire for a specific diagnosis or for detailed data well-nigh the tenant's mental or emotional status.

The only legitimate way to qualify for an ESA is by having a recommendation letter signed by a licensed healthcare professional, such as a psychologist, psychiatrist, nurse, medico assistant, counselor, or social worker. If the tenant is merely presenting a certificate, registration number, ID card, or belong, the landlord can request that the tenant provide farther documentation in the form of an ESA letter. A legitimate ESA letter should be signed and dated on the licensed healthcare professional person'south letterhead, and as well contain their contact and licensing information.

Why should my tenant not have to pay a fee or eolith for their emotional support animal when my other tenants are obligated to pay for their pets? That doesn't seem fair!
A basic guiding principle of Fair Housing rules is that the disabled should be allowed to enjoy their residence and building to the aforementioned extent that a non-disabled person tin can. Information technology would not be off-white to charge someone disabled for accommodation they demand in order to utilize their dwelling the same way a not-disabled person can. Exempting ESA owners from fees and deposits allows those suffering from a mental or emotional disability to take equal opportunity to enjoy and use an flat or home.

In add-on, the exemption for fees and deposits does not permit the tenant off the hook for the deportment of their ESA. The tenant is responsible for the actions of their emotional support animal, including damages it causes to the residence or property. The landlord tin deduct expenses for any damages from the tenant'south general security deposit, simply as it tin with the other tenants in their building.

Understanding your rights equally an ESA possessor can save y'all from unfair charges

ESA cats on bed with owner
Every bit an ESA possessor, you take specific rights that protect you. Make certain that y'all sympathize your rights.

If you are currently living with an emotional support beast and had previously paid a deposit or fee in connection with your creature companion, y'all may be entitled to a refund. It is also important for landlords to understand these rights and so they know how to properly verify a tenant'south ESA request and ensure they do not violate any Fair Housing rules. Landlords should also exist aware they tin can however hold the tenant accountable for any damages caused by an ESA and make deductions from a general security deposit.

What should you practise if your landlord continues to violate your Off-white Housing Rights? Here are a few options:

  1. Engage in a dialogue with your landlord to come across if there is a mutually acceptable compromise to both parties.

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

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

    This is a authorities 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 get a valid emotional support animal, you can read more well-nigh the Fair Housing Act for emotional support animals here.

If you are having trouble finding a therapist, or information technology is hard to encounter a therapist in person for financial reasons, scheduling bug due to work, family, or schoolhouse, or considering of anxieties or phobias about seeking help in person, ESA Doctors can assist connect yous to a licensed professional that is familiar with ESAs.

The professionals that piece of work with ESA Doctors are licensed for your state and offer empathetic and understanding service to clients interested in whether an emotional back up animal is right for them. Click on the button below to see if you may authorize for an ESA letter.

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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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