Charging extra fees for an assistance animal is illegal under fair housing laws.

Can a tenant be charged extra fees for having an assistance animal? A straight answer is simple: no. Not under the Fair Housing Act. But there’s a little more to the story, and that’s worth unpacking so you know what to expect in real life housing situations.

What's an assistance animal, and why does it matter?

Let’s start with the basics. An assistance animal helps a person with a disability live independently, and it’s not the same as a regular pet. This category covers service animals—think guide dogs or other animals trained to perform specific tasks—and emotional support animals (ESAs) that provide comfort or emotional stability for someone with a diagnosed condition.

Under the Fair Housing Act, people with disabilities have the right to ask for reasonable accommodations in housing. That means landlords and property managers should consider requests to live with an assistance animal even if there’s a general no-pets policy. The goal isn’t to grant special favors; it’s to remove barriers that would prevent someone from housing because of their disability.

Here’s the thing: the law treats these animals as part of the tenant’s accommodation, not as ordinary pets. That distinction matters when it comes to fees, deposits, or pet-related restrictions.

What landlords can and can’t charge

• You can’t charge a regular pet fee or pet deposit just because someone has an assistance animal.

• You shouldn’t impose standard “pet maintenance costs” or increase rent specifically because the tenant has an assistance animal.

• You can, however, charge for actual damages caused by the animal beyond normal wear and tear. If the animal wrecks a floor, damages a wall, or causes other wear that wouldn’t have happened otherwise, that’s a separate issue from the accommodation itself.

• If there’s a legitimate, non-discriminatory reason to apply a comparable fee to all animals, it shouldn’t be tied to the disability. In other words, if the building has a uniform policy that requires a nonrefundable cleaning fee for all animals, the key question is whether that fee is applied consistently to all tenants with all types of animals, not specifically targeted at one person’s disability.

A quick note on policy language: even if a property has a “no pets” rule, landlords must consider an approved accommodation for an eligible tenant. That means the accommodation should not be blocked by a blanket refusal that’s framed as a general policy. The aim is fairness and access, not punishment or gatekeeping.

The process in practice: how to request and respond to an accommodation

• The request should be made by the tenant (or a representative) and should relate to a disability and the need for the animal to assist with that disability.

• The landlord should engage in an interactive process. Here’s what that often looks like: a respectful back-and-forth to understand the tenant’s situation, what tasks the animal performs, and whether the accommodation would be reasonable without causing undue burden.

• Documentation can come into play. A landlord might ask for documentation from a medical professional or relevant authority that supports the need for the animal. The key is to keep the process focused on the accommodation, not on judging the disability itself.

• The two sides work toward a solution. If there are concerns about cleanliness or damage, those concerns are addressed separately from the animal’s presence and are handled through standard maintenance or repair processes.

A few practical tips for tenants and landlords

• Be upfront and cooperative. A straightforward conversation early on can prevent misunderstandings later. You don’t need to reveal private medical details, but a clear statement about the animal’s role in daily living can help.

• Keep records. Tenants: save any written requests, notices, and documentation; landlords: document the accommodation decision and any agreed-upon terms. A simple written record helps both sides if questions arise later.

• Separate the two issues. The animal’s presence is one matter (reasonable accommodation). The condition of the unit is another (damages beyond normal wear and tear). Treat them separately to avoid conflating the disability aspect with maintenance costs.

• Consistency is king. Policies that apply to all tenants should be administered evenly. If you have a standard pet policy for everyone, make sure it’s applied in a way that aligns with reasonable accommodations for individuals with disabilities.

• Don’t assume. If you’re unsure whether a situation qualifies as a reasonable accommodation, ask for clarification and consult the relevant guidelines from HUD or a local housing authority. Better to check than risk misapplying a rule.

Myths and common misinterpretations

• Myth: All animals in housing must be treated as service animals. Reality: There are different kinds of assistance animals, and the property must accommodate a disability-related need for an animal that serves as an aid, not every furry friend that visits.

• Myth: An ESA always requires extra charges or a special deposit. Reality: Extra charges tied to the animal aren’t allowed simply because the tenant has an assistance animal. Damages are a different matter, as noted earlier.

• Myth: The landlord can require extensive medical documentation for every request. Reality: Reasonable documentation is a common step, but the scope should be appropriate and not intrusive. The process should balance the tenant’s privacy with the landlord’s legitimate concerns about the living environment.

A couple of real-world scenarios

• Scenario 1: A tenant with an emotional support dog lives in a building with a no-pets policy. The landlord reviews the request and allows the dog as a reasonable accommodation. The dog barks at night and causes extra wear on a carpet. The landlord can address the wear through standard repair practices, but cannot charge a recurring “pet fee” for the dog simply because it’s an assistance animal.

• Scenario 2: A tenant with a service animal needs a specific accommodation for a parking space or a ground-floor unit due to mobility limitations. The landlord evaluates the request in light of the building’s layout and resources. If the adjustment is feasible and does not create an undue burden, it’s provided as part of the accommodation, not as a punitive extra charge.

• Scenario 3: A landlord worries about cleanliness after the tenant’s ESA moves in. The landlord cites a general cleaning fee that applies to all animals and argues it’s a standard policy. The key question is whether the fee is applied consistently to all tenants with animals and whether it’s independent of the disability. If the policy is fair and applied evenly, it’s less likely to be challenged.

Guidance you can rely on

• HUD and the Fair Housing Act provide the framework for understanding how reasonable accommodations work in rental housing. The goal is access and equality, not special treatment or penalties tied to disability.

• Always consider the broader legal landscape. Some states have additional protections that reinforce or clarify FHA standards. When in doubt, a quick consult with a local housing attorney or a fair housing nonprofit can save headaches down the road.

• Documentation matters, but privacy matters too. Keep personal health information private and focus on what’s necessary to establish the need for the accommodation.

In plain terms: respect, respond, and resolve

The core message is simple, even if the details can get technical. A tenant cannot be charged extra fees simply for having an assistance animal. That price tag belongs to the animal’s presence, not to the disability itself. The law aims to level the playing field so people with disabilities can find and keep housing without being penalized for needing assistance.

That said, fairness isn’t about blind naivety. It’s about clear rules and honest communication. If a tenant’s animal causes damage beyond normal wear and tear, the landlord can address that issue through standard repairs and charges for actual damages. The key is to separate the accommodation from the maintenance reality and to handle both with the same respect you’d want for your own home.

If you’re navigating this as a tenant or a landlord, a practical mindset helps: ask the right questions, document the essential details, and lean on established guidelines when making decisions. The aim isn’t to complicate life; it’s to uphold dignity and access for everyone in need of support.

Resources to check out when you want to learn more

• HUD’s guidance on reasonable accommodations under the Fair Housing Act

• Local housing authorities or fair housing organizations for state-specific details

• Landlord–tenant guides from reputable consumer protection groups

A closing thought

Assistance animals exist to remove barriers, not to create new ones. When both sides approach the topic with clarity and fairness, housing can be a steady, welcoming space for people who rely on these animals to thrive. It’s a small difference with a big impact—one that helps keep homes inclusive while still protecting property and everyone’s peace of mind. If you ever find yourself unsure, pause, ask for guidance, and remember the core principle: charging extra fees simply for having an assistance animal isn’t something the law supports.