Are Emotional Support Animals Exempt From Pet Deposits?

Under Federal Fair Housing Laws, Emotional Support Animals must have access to apartments with a no-pet policy and are exempt from pet-related fees.

Emotional Support Animals help aid with an emotional or mental disability.

An ESA is a medical tool and not a pet.

Are emotional support animals covered under the Fair Housing Act?

An emotional support animal is a type of assistance animal that is recognized as a “reasonable accommodation” for a person with a disability under the federal Fair Housing Act (FHAct, 42 U.S.C.A. 3601 et seq.). The assistance animal is not a pet according to the U.S. Department of Housing and Urban Development (HUD).

Do you have to pay a pet deposit for an emotional support animal?

Service and assistance animals are not technically pets and owners do not have to pay pet fees. The landlord, however, can charge a security deposit and may still seek money from the tenant if there is any damage caused by the animal to the home.

Do emotional support animals need to be registered?

All you need to qualify for an emotional support animal is an ESA letter. It is not legally necessary to register your Emotional Support Animal. If you would like, you can contact Service Dog Certifications and request to register your Emotional Support Animal.

Are emotional support animals protected by law?

Although emotional support animals do not have the same rights as service dogs under ADA, they are protected under the Fair Housing Amendment Act (FHAA) and the Air Carrier Access Act (ACAA). Landlords are required to provide reasonable accommodations so you are granted equal opportunity to use and enjoy your housing.