Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Pets: Do You Have to Tell Your Landord About an Emotional Support Animal
    By lawfacts in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-14-2016, 10:37 PM
  2. Disabilities and Accommodation: What Documentation Can a Landlord Require for an Emotional Support Animal
    By momomo in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-15-2016, 09:31 PM
  3. Discrimination: What Restrictions May a Landord Impose on an Emotional Support Animal
    By b0chatma in forum Landlord-Tenant Law
    Replies: 29
    Last Post: 05-06-2016, 01:37 PM
  4. Animal Offenses: Animal Cruelty Charges Based Upon Video Taken by Trespassers
    By silverbullitt in forum Criminal Charges
    Replies: 12
    Last Post: 10-26-2011, 03:50 PM
  5. Disabilities and Accommodation: Landlord is Trying to Thwart Attempts for Emotional Service Animal
    By jh_06 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-24-2009, 03:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources