What Landlords Can and Cannot Charge for Assistance Animals

Landlords cannot charge pet fees, deposits, or rent increases for assistance animals

A landlord cannot legally charge you a pet fee, pet deposit, pet rent, or any other pet-related charge for an assistance animal. This applies even if your lease says pets cost extra money. The Fair Housing Act treats assistance animals differently from pets — they are considered reasonable accommodations for disability, not animals you chose to have for companionship.

The same rule applies whether your assistance animal is a dog, cat, miniature horse, or any other species. The species does not matter. What matters is whether the animal performs a task or provides a benefit directly related to your disability, and whether your landlord has received proper documentation of your disability-related need.

If a landlord has charged you fees for an assistance animal, you may be able to recover those fees through a fair housing complaint or lawsuit. Many people do not know this rule exists, so landlords sometimes collect these charges without realizing they are breaking the law.

Key Takeaways

• Landlords cannot charge any pet-related fees — including pet deposits, pet rent, or breed/size surcharges — for an assistance animal.
• Your landlord can ask for documentation of your disability and the animal's task or function, but cannot ask for medical records or details about your disability itself.
• Assistance animals are not considered pets under fair housing law, so standard pet policies do not apply to them.
• If your landlord charges you pet fees for an assistance animal, you can file a complaint with HUD or pursue a fair housing claim.
• Some landlords confuse assistance animals with emotional support animals and incorrectly charge fees; knowing the difference protects you.

What your landlord can ask you to provide

Your landlord can ask for written documentation that you have a disability and that the animal performs a task or provides a benefit related to that disability. This is a reasonable request and does not violate your privacy. The landlord is allowed to verify that the accommodation is genuine.

Your landlord cannot ask for your medical records, a diagnosis, details about your disability, or proof that you are registered with any organization. They cannot require a specific form, letter format, or certification from a particular agency. A letter from your doctor, therapist, or other healthcare provider stating that you have a disability and describing the animal's function is sufficient.

If you have already told your landlord about your disability and the animal's role, and they accepted it, they cannot later demand documentation just to charge you fees. Once they have accepted the accommodation, asking for paperwork retroactively to justify charging fees is a violation.

The difference between assistance animals and emotional support animals

An assistance animal performs a specific task or function related to your disability. A service dog that alerts you to a seizure, retrieves medication, or prevents you from harming yourself during a panic attack is an assistance animal. A miniature horse trained to guide someone who is blind is an assistance animal. A cat trained to alert someone to dangerous blood sugar changes is an assistance animal.

An emotional support animal provides comfort by its presence alone, without performing a trained task. The animal does not need special training. Many landlords incorrectly believe they can charge pet fees for emotional support animals. Under fair housing law, they cannot — emotional support animals are also protected accommodations and cannot be charged pet fees.

The confusion happens because some websites sell "emotional support animal letters" and suggest these animals do not have the same legal protection as service animals. This is wrong. Both assistance animals and emotional support animals are protected under fair housing law, and landlords cannot charge fees for either one.

What happens if your landlord refuses to accept the accommodation

If your landlord denies your request for an assistance animal or charges you pet fees despite your documentation, you have several options. You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) within one year of the violation. HUD investigates fair housing complaints and can order the landlord to stop the violation and pay damages.

You can also file a complaint with your state or local fair housing agency if one exists in your area. Many states and cities have their own fair housing offices that handle these cases. A complaint is free to file and does not require a lawyer.

If you want to pursue the matter in court, you can sue the landlord for damages under the Fair Housing Act. Many fair housing organizations and disability rights groups offer free or low-cost legal help for these cases. You do not have to pay out of pocket to challenge an illegal charge.

Breed and size restrictions do not apply to assistance animals

Some landlords have policies that ban certain dog breeds or limit animal size or weight. These policies cannot be enforced against assistance animals. If your assistance animal is a breed or size the landlord normally prohibits, the landlord must make an exception.

This is true even if the landlord's lease says "no pit bulls" or "no dogs over 25 pounds." The Fair Housing Act overrides those restrictions when the animal is an assistance animal. Your landlord can still ask you to control the animal and prevent it from damaging property or injuring others, but they cannot exclude it based on breed or size.

If your landlord tries to enforce a breed or size restriction against your assistance animal, that is a violation of fair housing law and you can file a complaint with HUD or your local fair housing agency.

Damage and behavior: what landlords can still hold you responsible for

A landlord cannot charge you a pet fee or pet deposit for an assistance animal, but they can still hold you responsible for damage the animal causes. If your assistance animal damages the carpet, walls, or furniture, your landlord can deduct the cost of repairs from your security deposit or charge you for repairs, just as they would for any tenant-caused damage.

Your landlord can also require that the animal not pose a direct threat to the health or safety of others. If the animal has bitten someone, attacked another animal, or shown a pattern of dangerous behavior, the landlord may be able to require you to remove it. However, the landlord must show that the specific animal has actually caused harm — they cannot exclude an assistance animal based on assumptions about the breed or species.

If your assistance animal is disruptive — barking constantly, for example — your landlord can address the noise issue the same way they would address any tenant's noise complaint. The animal's status as an assistance animal does not give it unlimited freedom to disturb neighbors.

How to document your request if your landlord has not asked

You do not have to wait for your landlord to ask for documentation. If you want to prevent confusion or protect yourself, you can send your landlord a letter stating that you have a disability and that your animal is an assistance animal that performs a specific task or function. Include a letter from your healthcare provider if you have one.

Send this letter by email or certified mail so you have proof of delivery. Keep a copy for your records. This creates a clear record that you informed your landlord about the accommodation before any fees were charged.

If your landlord later tries to charge you pet fees, you can point to this letter as evidence that they knew the animal was an assistance animal and charged you anyway. This strengthens your case if you need to file a complaint or pursue legal action.

Frequently Asked Questions

Can my landlord charge me a nonrefundable pet fee for my assistance animal?

No. Nonrefundable pet fees, refundable pet deposits, pet rent, and any other pet-related charge are prohibited for assistance animals. This applies regardless of the amount or what the fee is called. If your landlord has charged you any pet-related fee for an assistance animal, you may be able to recover it.

What if my landlord says they need a letter from a specific organization or certification program?

Your landlord cannot require certification from a particular organization or demand a specific form. A letter from your doctor, therapist, or healthcare provider is sufficient. If your landlord insists on a particular format or organization, that is likely a violation of fair housing law. You can file a complaint with HUD or your local fair housing agency.

Does my assistance animal need to be trained or registered?

No. There is no official registry for assistance animals, and registration is not required by law. Your landlord cannot demand proof of training or registration. The only requirement is that the animal performs a task or function related to your disability, and that you have documentation from a healthcare provider supporting this.

Can my landlord charge me if my assistance animal damages the apartment?

Yes. Your landlord cannot charge a pet fee or pet deposit, but they can hold you responsible for damage caused by the animal. If your assistance animal damages walls, flooring, or furniture, your landlord can deduct repair costs from your security deposit or bill you for repairs, the same as any other tenant damage.

What should I do if my landlord already charged me pet fees for my assistance animal?

Document everything: the fees charged, the dates, and any communication with your landlord about the animal being an assistance animal. Contact your local fair housing agency or HUD to file a complaint. Many disability rights organizations offer free legal help for fair housing cases and can help you recover the fees.