A Landlord's Guide to Emotional Support Animals in Philadelphia
Today we’re tackling one of the most common questions from landlords: Do you have to accept emotional support animals (ESAs), and can you charge fees or deposits for them?
This is a topic that often creates tension. Landlords want to protect their investments, while tenants want to feel comfortable and secure in their homes. Understanding the law is the key to navigating this issue successfully.
Emotional Support Animals vs. Pets
Under the Fair Housing Act (FHA), emotional support animals are considered assistance animals, not pets. This is a critical distinction. It means that if a tenant has a legitimate letter for their ESA, you must allow them to have the animal in their home—even if your lease agreement has a strict “no pets allowed” policy.
The purpose of the FHA is to ensure that people with disabilities have equal access to housing. Therefore, ESAs are considered a reasonable accommodation for a person with a disability.
What You Can't Charge for an Emotional Support Animal
This is where many landlords get frustrated. The law states that you cannot charge any of the following for a valid emotional support animal:
- Pet rent
- Pet deposits
- Pet fees
You also cannot reject an applicant simply because they have an ESA. This can feel unfair, especially when you have rules in place to protect your property from damage. To make matters more complicated, the internet is full of services that provide fake ESA letters, leaving many landlords confused about what documentation is valid and what isn’t.
Your Rights as a Landlord
So, what is the clear takeaway? Yes, you must allow a valid emotional support animal. And no, you cannot charge pet fees or deposits.
However, it's important to remember that tenants are still responsible for any damage the animal causes to the property, just as they are responsible for any other damage. You can use a tenant’s security deposit to cover damages caused by the ESA, if necessary.
You also have the right to request documentation. You are allowed to ask for a letter from a licensed healthcare provider (such as a doctor, therapist, or psychiatrist) that confirms the tenant's need for the emotional support animal. This is an important step to verify the legitimacy of the request.
The Bottom Line
The rules for emotional support animals are clear: ESAs are protected by the FHA, pet-related fees are not allowed, and the tenant is still responsible for any damages.
If you’re a Philadelphia landlord and you want to ensure you are following all the rules and protecting your investment without unnecessary stress, reach out to us at TrustArt Realty. We’ll help you stay compliant and manage your properties with confidence.
