Pet Charges for an Emotional Support Animal
A tenant in Virginia received an emotional support animal letter from a therapist due to chronic depression. They presented the letter to their landlord. Their landlord says that they have to pay a $500 pet deposit and an additional $40 per month rent to have the animal in their unit even with the ESA letter. Is that correct?
Re: Pet Charges for an Emotional Support Animal
The first issue is whether the Fair Housing Act applies to the landlord.
Quote:
Quoting FHA
Under specific exceptions to the Fair Housing Act, the reasonable accommodation requirements of the Act do not apply to a private individual owner who sells his own home so long as he (1) does not own more than three single-family homes; (2) does not use a real estate agent and does not employ any discriminatory advertising or notices; (3) has not engaged in a similar sale of a home within a 24-month period; and (4) is not in the business of selling or renting dwellings. The reasonable accommodation requirements of the Fair Housing Act also do not apply to owner-occupied buildings that have four or fewer dwelling units.
If the landlord falls under the FHA, the fees the landlord is charging are impermissible.
Some states have broader protections than are provided for in federal law; I did not see such a provision for ESAs in Virginia, but if the tenant is not protected by federal law they should inquire about their state law rights with the Fair Housing Board.