Under the federal Fair Housing Act, a landlord has to make a reasonable exception to a no-pets rule for a person with a disability who needs an animal. An assistance animal, emotional support animals included, is not a pet under that law: no pet deposit, no pet fee, no pet rent. The tenant still pays for any damage it causes. This guide explains the rules in plain words. It is general information, not legal advice.
Service animal or support animal?
Two federal laws use two definitions:
| Service animal | Assistance or support animal | |
|---|---|---|
| The law | Americans with Disabilities Act (ADA) | Fair Housing Act (FHA) |
| What it is | A dog trained to do work or tasks for a person with a disability | An animal that does work or tasks, or gives support that eases a disability, trained or not |
| Where it applies | Public places: shops, restaurants, a leasing office | Housing: apartments, houses, most rentals |
| Emotional support counts? | No | Yes |
In a rental, the Fair Housing Act does the work. A service dog is also an assistance animal under it, so both are covered at home. An emotional support animal that would not qualify in a restaurant can still be a reasonable accommodation in an apartment.
The law, and what changed in 2025
The rule comes from the Fair Housing Act itself. Refusing a reasonable accommodation in rules or policies, when a person with a disability needs it to have an equal chance to use and enjoy a home, is discrimination. HUD’s regulations give a guide dog in a no-pets building as the example.
For years, HUD’s 2020 notice on assistance animals set out how landlords should handle requests: what to ask, which documents are reliable, and which animals are usually reasonable. In September 2025, HUD withdrew that notice and an older 2013 one, saying the withdrawal might not be final. The Act and HUD’s regulations did not change, and neither did state and local fair housing laws, many of which cover the same ground. What follows is the process landlords and courts have long used under the Act. Check your state’s rules, and any newer HUD guidance, before relying on it.
How a request works
- The tenant asks. No special words or form are required, but a written request is easier to prove. Asking before the animal moves in avoids a lease violation, though a request can come at any time, even after a notice about an unapproved pet.
- The landlord may ask for information, if the disability or the need is not obvious. It is reasonable to ask for reliable information that the person has a disability and how the animal helps with it. It is not reasonable to demand the diagnosis, medical records or details of the condition. A letter from a doctor, therapist or other health professional who knows the person is the usual answer.
- The landlord answers promptly. A long delay can count as a refusal. A concern should lead to a conversation about alternatives, not a flat no.
- Both sides write down the result. A short lease addendum names the animal and the ordinary rules: clean up after it, keep it under control, follow local licensing and vaccination laws.
Be wary of online certificates and registries sold to anyone who pays. On their own, they prove nothing. Some states now regulate support-animal letters; California, for example, requires the professional to have treated the person for at least 30 days before writing one. Some states also penalize passing off a pet as an assistance animal.
What a landlord can’t charge
An assistance animal is not a pet, so pet deposits, pet fees and pet rent do not apply to it. That was HUD’s position for decades, and a charge for an accommodation is a classic basis for a fair housing complaint. Breed, size and weight limits in a pet policy do not apply either.
The lease allows cats with a $400 pet deposit and $35 a month in pet rent: $820 over a 12-month lease.
A tenant paying $1,600 a month asks on Monday, October 5, 2026, to keep a cat as a support animal, with a letter from her therapist. The landlord approves it on Monday, October 12. None of the $820 applies.
At move-out, the cat has scratched two door frames, and the repair costs $240. The landlord deducts it from the regular $1,600 security deposit, lists it on an itemized statement, and returns $1,360.
If a tenant was already paying pet rent for an animal that is later approved, the pet charges should stop and the pet deposit should come back. When approval falls mid-month, crediting the rest of the month is the clean way to do it: $35 credited from October 12 is $35 × 20 ÷ 31 = $22.58, which the prorated rent calculator will confirm. Tenants should pay rent by a method that leaves a record and keep receipts that show the rent alone; the rent receipt prints one with the amount and the period.
When a landlord can say no
The exceptions are narrow:
- A direct threat. The specific animal threatens others’ health or safety, or would cause substantial damage to others’ property, based on its own behavior, and no reasonable condition would reduce the risk.
- An undue burden. The request would impose an undue financial and administrative burden, or fundamentally change the housing.
- No disability-related need. The person does not have a disability, or the animal does not help with it.
- An exempt building. The Act exempts an owner-occupied building with four or fewer units, and a single-family home rented by an owner of no more than three who uses no broker. State and local laws may still cover them.
An approved animal that is out of control or causes damage can still be addressed through the lease, with the same notice and process as any other violation.
Responsibilities on both sides
Tenants keep the animal under control, clean up after it, keep noise within the lease rules and pay for damage beyond normal wear and tear. Landlords charge no pet fees, keep medical information private, treat the tenant like every other tenant, and never retaliate for the request.
Not legal advice
This is general information about federal law as of September 2026, not legal advice. State and local laws often add protections, and the facts of each request matter. If a request is disputed, a local fair housing organization, your state’s civil rights agency or a lawyer can help.
Questions people ask
Can a landlord charge a pet deposit for an emotional support animal?
No. An emotional support animal approved as a reasonable accommodation is not a pet, so pet deposits, pet fees and pet rent do not apply to it. The landlord can still charge for actual damage the animal causes, usually from the regular security deposit.
Can a landlord deny an emotional support animal?
Only for narrow reasons: the specific animal threatens others’ safety or property through its own behavior, the request would be an undue burden, there is no disability-related need, or the building is exempt, such as a small owner-occupied one. Breed alone is not a reason.
What is the difference between a service animal and an emotional support animal?
A service animal is a dog trained to perform specific tasks for a person with a disability, as the ADA defines it for public places. An emotional support animal eases a disability by its presence and needs no training. In housing, the Fair Housing Act covers both.
Written by LoomLease editors. Published September 30, 2026. Plain English, not legal, tax or financial advice: your lease, your state’s law and a professional who knows your situation decide what applies.