If you have an Emotional Support Animal (ESA) or are thinking of acquiring one to live in your rented apartment, you have probably asked yourself the following question, which many tenants ask annually: can the landlord make you pay for keeping an ESA?
The traditional answer used to be “No” in most cases, but the law on keeping ESAs in housing was radically changed in 2025 and 2026. The truth is that today the answer would be “Yes” in many cases, as the new regulations allow landlords to charge fees for keeping ESAs in some cases, while the majority of articles online provide outdated information. This is exactly why the ESA letter is crucial at the moment.
The following guide will help you understand how everything changed and how to protect your rights as a tenant.
What Counts as an Emotional Support Animal?
Emotional support animals refer to any animal – mainly dogs and cats, although other animals can also fit the description – that serves as a means of comfort for a person with an emotional or mental issue like anxiety, depression, or panic disorder. It should be noted that unlike a service animal, an ESA does not have to be trained for a particular job.
Since ESAs do not require any training for a particular task, they are treated differently under the housing law from service animals. They are addressed by the Fair Housing Act, which is aimed at the prevention of disability discrimination in housing matters.
The Old Rule: Why Landlords Historically Couldn’t Charge
In fact, HUD (United States Department of Housing and Urban Development) gave out guidelines, specifically in 2013 and 2020 in a FHEO-2020-01 notice, which clearly stated that emotional support animals were not considered “pets” according to the law, but rather “a reasonable accommodation for disability.” Based on these guidelines, landlords were supposed to:
- Waive pet deposits, pet rent, and non-refundable pet fees for a documented ESA
- Allow ESAs even in buildings with strict “no pets” policies
- Accept a letter from a licensed healthcare provider as sufficient proof of need
This is the version of the law most blog posts, forums, and even some attorneys still describe – but it’s no longer the full picture.
What Changed: The 2026 HUD Guidance Shift
In September 2025, HUD officially rescinded its 2013 and 2020 guidance on assistance animals. Later, in 2026, on May 22, HUD issued a new enforcement memo, significantly limiting the federal legal protections for ESAs. As of the new stance:
- Automatic fee-free accommodation applies solely to service animals.
- The assumption that ESAs have to be accommodated without charge has been eliminated.
- HUD will no longer consider an objection to the pet fee by a landlord as a per se Fair Housing Act violation.
This change was supported by the decision of the federal court in Henderson v. Five Properties LLC (E.D. La., 2025), where it was established that the landlord does not have to waive a pet fee just because a tenant has an ESA – the tenant should prove that it is truly reasonable and necessary. This case has been cited in the HUD memo itself as the federal standard.
So, Can Landlords Charge for Emotional Support Animals?
Yes, in most situations, landlords are now allowed by law to charge a pet fee, pet deposit, or pet rent for their emotional support animals, and this practice is much less likely to invite federal enforcement action than it was before the middle of 2026. This is quite different from the advice that landlords cannot collect any fees for ESAs found on many older websites.
Nevertheless, some caveats need mentioning:
- The basic Fair Housing Act statute itself has not been altered. Tenants are still able to file lawsuits against landlords for wrongfully denying a waiver of fees, but HUD’s memorandum changes only the priority of such action for HUD.
- The state and local laws can forbid ESAs altogether, even if HUD takes a more liberal approach on the federal level (as discussed below).
- Denial of housing to a true owner of an ESA or charging extra to such tenants because of perceived higher damage risk is always illegal.
- A landlord may charge extra for any real damage caused by the animal.
What Landlords Can and Can’t Do
| Landlords generally CAN | Landlords generally CANNOT |
|---|---|
| Charge a pet fee, deposit, or pet rent for an ESA in many states | Deny housing outright to a tenant with a legitimate ESA and proper documentation |
| Request a letter from a licensed healthcare or mental health provider | Demand your full medical records or a diagnosis |
| Charge for provable property damage the animal causes | Charge breed- or weight-based fees purely due to stereotypes |
| Set reasonable behavioral expectations for the animal | Retaliate against a tenant for requesting an accommodation |
Why You Still Need an ESA Letter – Now More Than Ever
With the weakening of federal regulation, an official ESA letter has gained in significance. Here’s how:
- It’s your most convincing proof. Should your landlord raise any doubts or try to charge a fee, it is an ESA letter issued by a qualified mental healthcare provider that will back up your claim if you are negotiating, bringing a state complaint, or going to court.
- Your state law can keep protecting you. Many states, including California, New York, Minnesota, and Illinois have their separate fair housing laws prohibiting ESA fees in spite of the changes at the federal level. An ESA letter is what triggers the protections under them.
- It helps avoid registration scams. According to HUD, online ESA “certificates,” identification cards, or registration do not carry any legal value whatsoever. Only a genuine letter from a qualified provider, who has assessed your condition, will make the difference. Using a legitimate clinic will help you avoid being denied immediately because of your lack of proof.
- It will help you negotiate your way through. Even where the charging of an ESA fee is possible, a landlord will prefer working with someone who has provided the necessary documentation instead of asking verbally.
This is where ESA Clinic comes in. The ESA Clinic links you with licensed medical experts who assess your situation and provide you with a valid ESA letter that complies with HUD’s letter requirements, i.e., the very standard that landlords, court systems, and state agencies require. In case you are looking forward to moving, leasing renewal, or contesting an unreasonable fee from the landlord, having your ESA letter sorted at ESA Clinic before you approach the landlord puts you in a much better position.
Do State Laws Still Protect Renters from ESA Fees?
That said, in many states. And this is the point of the story that is frequently overlooked. Even though HUD has stepped back on the national level, each state has its own fair housing agency that acts separately from the others.
- In California, there is a ban on collecting a pet deposit, pet rent, or any additional charge because of the ESA.
- The same provisions are in New York and Minnesota, which have similar civil rights laws.
- Other states offer even wider protection than the federal one.
Therefore, considering the wide differences between different states, it is worth visiting your state’s fair housing agency website or another local tenant protection organization to find out the answer to your question.
What to Do If Your Landlord Tries to Charge You
- Make sure you have everything in writing. Request that the landlord explain the fee in writing via e-mail or letter.
- Double-check your paperwork. Ensure that the ESA letter is current, licensed, and complies with the laws of your state.
- Look into the laws of your state and municipality. In some cases, the fee must be waived by the state’s law regardless of federal law not stepping in.
- Address the valid concerns head-on. Where there is a valid issue of damage, suggest other alternatives such as renter’s insurance covering the damage caused by pets.
Final Thoughts
The laws regarding emotional support animals have truly evolved in 2026. Whereas landlords used to have absolutely no right whatsoever to impose any fees related to emotional support animals, the federal authorities have eased their grip on this matter significantly. Thus, indeed, there are plenty of situations where you will actually have to pay your landlord for having an emotional support animal. The best way to ensure that you protect your rights and interests in this case is to get your ESA letter beforehand. This is where ESA Clinic comes into play.
Frequently Asked Questions
1. Can a landlord legally charge a pet fee for an emotional support animal?
Yes, in the majority of instances, by 2026, the enforcement at the federal level does not compel landlords to refrain from collecting ESA fees anymore. That being said, there are several states that prohibit such fees from being charged, which means that your protection will depend greatly on the state you reside in.
2. Does an ESA letter still matter if landlords can now charge fees?
Certainly. The ESA letter still constitutes your best proof and allows you to activate state laws, if any, as well as to defend yourself in case of conflict with your landlord.
3. Can a landlord refuse to allow my emotional support animal entirely?
Generally, no. Even with the 2026 changes, outright denial of a legitimate ESA request with proper documentation still carries real legal risk under the Fair Housing Act.
4. What documentation do landlords accept for an ESA?
Confirmation of the necessity of your having an ESA comes in a letter signed by a licensed health or mental health care practitioner. Online certificates and registration cards have no legal value whatsoever.
5. Are landlords allowed to charge for damage caused by an ESA?
Yes, despite any regulations concerning the fees that may be charged from tenants in general, the landlord can always hold the person responsible for the damages done by their pet.
6. How do I get a legitimate ESA letter?
A licensed medical provider must evaluate your necessity for an emotional support animal, providing you with an ESA letter. Such organizations as ESA Clinic will help you obtain the document fast and legally.
