Updated August 31, 2026
Pet rent, deposits and fees
This is the part of ESA law most affected by the 2026 change, and the part where your state now matters most.
Reviewed for clinical accuracy by Andrew Patel, LCSW, Licensed Clinical Social Worker. Last reviewed August 31, 2026.
How it used to work
HUD's 2020 notice was explicit: assistance animals, including untrained emotional support animals, are not pets, and pet fees could not be charged for them. That was one of the clearest and most cited lines in the whole document. For six years it settled the question in most of the country.
How it works now
HUD rescinded that notice on May 22, 2026, and specifically noted that housing providers are no longer expected by FHEO to categorically grant accommodation requests — including fee waivers — for untrained assistance animals. The court decision HUD cited, Henderson v. Five Properties LLC, turned on exactly this question and held that whether waiving a generally applicable pet fee is necessary and reasonable has to be analyzed case by case.
The honest summary
At the federal enforcement level, the automatic fee waiver for untrained emotional support animals is gone. For a trained assistance animal, a fee waiver is still treated as presumptively reasonable. For an untrained ESA, whether you get one now depends on your state law, your landlord, and the specific facts.
What your state might still say
State law was not touched by the memo. Several states address assistance animal fees in their own statutes or through their civil rights agencies, and those rules are unchanged. California, New York, New Jersey, Massachusetts, Illinois, Colorado, Washington, Oregon, Nevada, Florida, Hawaii, Maine and Pennsylvania have all been identified in post-change legal commentary as having independent protection. Check your state page →
The three different charges, which get confused constantly
| Charge | What it is | Where it stands |
|---|---|---|
| Pet rent | A recurring monthly amount for having an animal | Was clearly barred for assistance animals under the old federal guidance. Now depends on state law and whether the animal is trained. |
| Pet deposit / pet fee | A one-time refundable deposit or non-refundable fee | Same position as pet rent. |
| Damage caused by the animal | Actual repair costs after the fact | Always chargeable, in every state, and always was. You are responsible for what your animal damages. |
That third row has never been in dispute. Volunteering it in your request — "I will of course be responsible for any damage" — costs you nothing and defuses the objection.
If you are being charged and you think you should not be
- Ask in writing what the charge is for and under which lease provision.
- State in writing that the animal is an assistance animal, not a pet, and cite your state's law if it addresses fees.
- If the animal performs trained tasks, say so and describe them. Under HUD's current standard this changes the analysis.
- Keep paying under protest if refusing would put your tenancy at risk, and note in writing that you are doing so. Losing your home over a $35 monthly charge is a bad trade while the dispute is unresolved.
- Take it to your state civil rights agency, which your state page names, or talk to a fair housing lawyer.
What about a security deposit?
An ordinary security deposit that every tenant pays, regardless of animals, is not a pet fee and has never been affected by any of this.
Pricing
ESA Letter Cost: One Price, Paid Once
No subscription, no renewal auto-charge, no registry fee. You pay for a clinical evaluation and, if the clinician approves you, a signed letter.
ESA Letter
- Signed by a clinician licensed in your state
- Covers up to 2 emotional support animals
- Formatted for landlords, property managers and HOAs
- Free rewrite if your landlord asks for a different format
ESA Letter · 3+ Animals
- Every animal named on one letter
- Signed by a clinician licensed in your state
- Useful when a building caps the number of pets
- Free rewrite if your landlord asks for a different format
PSD Letter
- Confirms a disability and a need for task-trained work
- Useful for housing, employers and school disability offices
- Covers up to 2 dogs
- Not an ADA certificate — see the note below
PSD Letter · Up to 3 Dogs
- Every dog named on one letter
- Confirms a disability and a need for task-trained work
- Covers up to 3 dogs
- Not an ADA certificate — see the note below
About the PSD letter: it is documentation from a licensed clinician, not a certificate or an ID. Under the ADA, public access comes from your dog being individually trained to do work or tasks for your disability. Businesses are allowed to ask only two questions and are not allowed to require paperwork. Nobody can sell you access rights — anyone who says otherwise is selling a novelty.
You are charged only after a clinician approves you. We may place a temporary authorization hold on your card beforehand to confirm it is valid; a hold is not a charge and is released if you are not approved.
100% refund if your landlord denies your ESA. If your housing provider refuses the accommodation after you submit a letter we issued, we refund what you paid in full. Full terms, including what a claim needs, on our refund policy page.
Questions
Frequently Asked Questions
My landlord charged pet rent for two years. Can I get it back?
Possibly, depending on your state, your timeline and whether the charges were unlawful when made. Charges from before May 2026 were assessed under the old federal guidance. This is worth a conversation with a fair housing lawyer — many consult for free.
Does a trained psychiatric service dog change this?
Yes, meaningfully. Fee waivers for animals trained to perform disability-related tasks remain presumptively reasonable under HUD’s current standard. More here.
Can they charge a fee to review my accommodation request?
No. Charging for the processing of an accommodation request is not permitted.
Sources
- Fair Housing Act, 42 U.S.C. § 3604 — discrimination in the sale or rental of housing Office of the Law Revision Counsel, U.S. House of Representatives
- Office of Fair Housing and Equal Opportunity — the office that enforces the Fair Housing Act U.S. Department of Housing and Urban Development
- Joint Statement on Reasonable Accommodations Under the Fair Housing Act HUD and the U.S. Department of Justice
- The Fair Housing Act: A Legal Overview (CRS Report R48113) Congressional Research Service
- File a housing discrimination complaint with HUD HUD Office of Fair Housing and Equal Opportunity
- Directory of state and local fair housing agencies (FHAP partners) HUD Fair Housing Assistance Program
Find Out Where You Stand in About Ten Minutes
Answer a short screening questionnaire, talk to a clinician licensed in your state, and get a real answer either way.