ESA Landlord Rights and Obligations 3 — Questions and Answers
Question 1: A tenant's ESA causes significant property damage. Who is responsible for the cost of repairs?
- The landlord, as ESA accommodation is mandatory
- The tenant, who is responsible for damage caused by their ESA (Correct answer)
- A shared responsibility split 50/50
- The mental health professional who certified the ESA
Correct answer: The tenant, who is responsible for damage caused by their ESA
While landlords must allow the ESA, tenants remain fully responsible for any actual damage the animal causes to the property.
Question 2: A landlord operates a building with only 4 units and lives in one of them. Are they required to accommodate an ESA under the FHA?
- Yes, all landlords must comply with the FHA regardless of size
- No, owner-occupied buildings with 4 or fewer units are exempt from FHA (Correct answer)
- Only if the tenant has a visible disability
- Only for dogs and cats, not other ESA species
Correct answer: No, owner-occupied buildings with 4 or fewer units are exempt from FHA
Owner-occupied buildings with four or fewer units are exempt from the Fair Housing Act's accommodation requirements.
Question 3: A landlord charges a non-refundable pet fee for all animals. Can they apply this fee to an ESA?
- Yes, ESAs are still pets under property law
- No, charging a pet fee for an ESA is prohibited under the FHA (Correct answer)
- Yes, but only up to $250
- Yes, if the lease specifies it
Correct answer: No, charging a pet fee for an ESA is prohibited under the FHA
Charging a pet fee or deposit specifically for an ESA is prohibited — the accommodation must be provided at no additional cost related to the animal's status.
Question 4: A tenant submits ESA documentation from an online website they paid $50 to use. What should a landlord consider?
- Accept it automatically as legally valid
- Evaluate whether the documentation reflects a legitimate therapeutic relationship, not just an online form (Correct answer)
- Reject it outright as all online letters are illegal
- Contact the website to verify payment records
Correct answer: Evaluate whether the documentation reflects a legitimate therapeutic relationship, not just an online form
HUD guidance cautions that letters from websites that simply sell forms with no genuine relationship between provider and client may not constitute reliable documentation.
Question 5: Can a landlord ban a specific breed of dog as an ESA if local ordinances restrict that breed?
- Yes, local breed restrictions always override federal fair housing law
- No, federal fair housing law generally preempts local breed bans for ESAs (Correct answer)
- Yes, but only in multi-family buildings
- No, unless the breed is on the CDC restricted list
Correct answer: No, federal fair housing law generally preempts local breed bans for ESAs
Federal fair housing protections generally override local or state breed-specific legislation when it comes to ESA accommodations.
Question 6: A landlord discovers a tenant has an ESA but never submitted a formal accommodation request. Can the landlord require immediate removal of the animal?
- Yes, without a formal request the landlord has no obligation
- No, the landlord should first engage the tenant and allow an opportunity to submit documentation (Correct answer)
- Yes, the tenant must start over from eviction proceedings
- No, verbal disclosure is sufficient and no documentation is ever needed
Correct answer: No, the landlord should first engage the tenant and allow an opportunity to submit documentation
Best practice and many courts require landlords to engage with the tenant and give them the opportunity to make a formal request before taking adverse action.
Question 7: A condo association's rules prohibit animals. Does a resident with an ESA have rights against the condo association?
- No, condo associations are private entities exempt from the FHA
- Yes, condo associations are covered by the FHA and must consider ESA accommodation requests (Correct answer)
- Only if the condo has more than 100 units
- Only if the ESA is a service animal, not an emotional support animal
Correct answer: Yes, condo associations are covered by the FHA and must consider ESA accommodation requests
Condominium associations are covered by the Fair Housing Act and must engage in the interactive process for ESA accommodation requests.
ESA Landlord Rights and Obligations 3
A tenant's ESA causes significant property damage.
Who is responsible for the cost of repairs?