Introduction: Do Apartments Waive Pet Fees for ESAs?

If you’re an Emotional Support Animal owner looking for an apartment, you’ve likely wondered: do apartments waive pet fees for ESAs? The short answer is yes — under the federal Fair Housing Act (FHA), apartments generally must waive pet fees, deposits, and monthly pet rent for a verified ESA.

However, this waiver is considered a reasonable accommodation, meaning there are specific rules and exceptions you need to be aware of. As a licensed clinical therapist, I’ve helped many clients navigate this process. In this guide, I’ll explain what the law says, what you need to qualify, and how to protect your rights.

What the Law Says About ESA Fees

The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities. This includes the right to keep an ESA as a reasonable accommodation, even in properties with “no pet” policies. Because ESAs are not considered pets, landlords cannot charge pet fees, deposits, or monthly pet rent for them.

This applies to most housing — including apartments, rental homes, condos, and even college dorms. The FHA also requires landlords to waive pet-related fees for Psychiatric Service Dogs (PSDs) and other service animals.

Requirements for a Fee Waiver

To have your pet fees waived, you must meet specific requirements. The FHA doesn’t automatically waive fees — you need to formally request a reasonable accommodation. Here’s what’s required:

1. Valid Documentation

You must provide an ESA letter from a licensed mental health professional or healthcare provider. This letter must:

• Verify you have a mental health disability (under DSM-5 criteria).
• State that the ESA alleviates symptoms of your condition.
• Include the provider’s license number, type, and state of issuance.
• Be dated and signed within the last year (some landlords accept older letters).
• Be written on official letterhead or clearly identify the therapist’s credentials.

Learn more about the role of a licensed mental health professional in issuing valid ESA letters.

2. The Accommodation Process

You must formally request a reasonable accommodation. This is typically done in writing. Blanket policies stating “no pets” or charging fees do not apply to your ESA once you submit your paperwork.

• Submit your request before moving in, or as soon as you need the accommodation.
• Attach your ESA letter and any other supporting documentation.
• Keep a copy of all communications with your landlord.
• Be prepared to answer reasonable questions about the animal’s behavior and size.

For a detailed breakdown of the process, read our guide on when a landlord can legally reject an ESA request.

Exceptions and Landlord Rights

While the FHA generally requires fee waivers, there are important exceptions. Landlords can deny a fee waiver or even deny an ESA request under specific circumstances.

Property Damage

While landlords cannot charge upfront pet fees or deposits, they can legally bill you for any actual damage caused by your ESA. This includes damage beyond normal wear and tear, such as chewed doors, stained carpets, or scratched floors.

• Landlords can deduct repair costs from your security deposit.
• They can also send you a bill for additional damages beyond the deposit amount.
• Damage charges must be reasonable and documented.

Undue Burden / Direct Threat

A landlord can deny an ESA if the animal poses a direct threat to the health or safety of others, or if it causes an undue financial and administrative burden. Examples include:

• Direct threat: History of aggressive behavior, biting, or contagious disease that cannot be mitigated.
• Undue burden: Specific insurance policy restrictions on certain dog breeds that would be financially or administratively difficult to change.
• Individualized assessment: Landlords cannot rely on stereotypes or assumptions about breeds. They must conduct an individualized assessment of the specific animal.

Learn more about legal grounds for ESA rejection.

Financial Need and the Henderson Ruling

Legal precedents, such as the Henderson v. Five Properties ruling, have determined that fee waivers must be genuinely necessary for you to enjoy the home. Some landlords and courts may scrutinize waivers if a tenant is simply looking to save money without proving the accommodation is needed.

• The FHA requires that the accommodation is necessary for you to have equal opportunity to use and enjoy the housing.
• If a landlord can show that the fee waiver would cause an undue financial burden, they may be able to deny it.
• This is rare, but it’s important to understand that fee waivers are not automatic — they are part of a reasonable accommodation process.

Types of Buildings Exempt

Not all housing is covered by the FHA. Some properties are exempt, meaning landlords are not required to waive pet fees or accommodate ESAs at all.

• Private landlords who own three or fewer single-family homes: If the landlord owns 3 or fewer single-family homes and doesn’t use a real estate agent or broker, they may be exempt.
• Owner-occupied buildings with four or fewer units: If the landlord lives in the building and there are 4 or fewer units total, they may be exempt.
• Housing owned by religious organizations or private clubs: If the housing is operated by a religious organization or private club that limits occupancy to members, they may be exempt.

If your property falls under one of these exemptions, the landlord is not legally required to accept an ESA or waive fees. However, state or local laws may still provide protections. Always check your local laws and consult a housing attorney if you’re unsure.

Service Animals vs. ESAs: Fee Waiver Differences

It’s important to note that Psychiatric Service Dogs (PSDs) and regular Service Animals (e.g., seeing-eye dogs) have broader legal protections under the Americans with Disabilities Act (ADA) and FHA compared to ESAs. However, housing protections under the FHA cover both ESAs and service animals regarding fee waivers.

The key difference lies in public access and air travel. While both ESAs and PSDs are protected in housing, only PSDs have public access rights under the ADA. This means:

• ESAs: Protected under the FHA for housing. Fee waivers apply. No public access rights.
• PSDs: Protected under the FHA for housing and the ADA for public access. Fee waivers apply in housing.
• Service Animals (general): Broader protections under the ADA and FHA. Fee waivers apply in housing.

For a deeper dive, see our guide on ESA vs PSD ADA Rights.

*Both ESAs and PSDs are protected under the FHA for housing fee waivers.

Frequently Asked Questions About ESA Fee Waivers