Can landlords charge pet rent or deposits for an ESA in 2026?

What changed about ESA fees?

For years, HUD guidance said housing providers could not charge pet fees or deposits for assistance animals, including untrained ESAs. HUD withdrew that guidance on September 17, 2025, and its May 22, 2026 memo permanently rescinded FHEO-2020-01. Under the memo, HUD's fair housing office treats requests to waive pet rules for individually trained animals as presumptively reasonable, but not requests for untrained ESAs.

That does not make every ESA fee legal. The memo changes HUD's enforcement priorities; it does not amend the Fair Housing Act, HUD's regulation at 24 CFR 100.204 or any state law. Courts decide private cases on their own, and many states have fee rules of their own. Our guide to HUD's 2026 guidance covers the bigger picture.

What did the Henderson case decide?

In Henderson v. Five Properties, decided July 16, 2025, the U.S. District Court for the Eastern District of Louisiana granted summary judgment to a landlord who refused to waive a $400 nonrefundable animal fee for a tenant's ESA. The court found the tenant had not shown the waiver was necessary, partly because the landlord had offered a payment plan, and had not shown it was reasonable, noting the fee was under three percent of her total housing cost.

The court was careful about its limits. It said it was not holding that animal fees can always be enforced against someone with an ESA and treated the question as fact specific. HUD cited Henderson in its 2026 memo. The decision does not bind courts in other districts, but landlords now point to it.

Which states still bar ESA fees?

State statutes are now the main source of fee protection. The table lists examples; wording differs, so read your own state's rule.

Do these state rules still hold after HUD's memo?

Some of these statutes define support animals by reference to federal law. Utah, for example, defines a support animal as one that qualifies as a reasonable accommodation under federal law, so how its fee rule applies after HUD's memo may be argued. Virginia, Minnesota, Wisconsin and Maine define support animals without a training requirement.

The District of Columbia also bars pet deposits and pet rent for assistance animals required as an accommodation, though that law's applicability is tied to budget funding. California's Civil Rights Department said on July 20, 2026 that reasonable accommodations under state law can include waiving pet fees.

Pet rent, deposits and fees: what is the difference?

Landlords use several labels, and the label matters less than what the charge does. Read your lease addendum closely, because a clause can recast a pet fee as a cleaning charge.

• Pet fee: a one time charge, often nonrefundable, like the $400 fee in Henderson
• Pet deposit: a refundable amount held against damage and returned minus documented repairs
• Pet rent: a recurring monthly charge added to rent
• Damage charges: costs for actual damage, which tenants owe with or without an accommodation

Who pays for damage?

You do. Fee bans do not excuse damage: the Illinois, Virginia, Kentucky, Utah, Wisconsin, Maine and Minnesota statutes expressly keep the tenant responsible, often on the same terms as residents with pets. Wisconsin's adds sanitation, and Montana's MCA 70-24-114 says the tenant is liable for damage to the premises or to another person.

Practical steps help: photograph the unit at move in, keep vaccinations current and consider renters insurance that includes animal liability. Kentucky and Arizona statutes limit a landlord's liability for injuries caused by an animal allowed as an accommodation, which is one reason some landlords ask tenants to carry coverage.

How do you ask for a fee waiver?

Ask in writing, as part of your accommodation request or right after approval. Name the rule you are relying on if your state has one, and if it does not, explain briefly why the charge creates a barrier connected to your disability. Henderson shows that a court may look at whether a payment plan or another option would meet the need.

If the landlord refuses, ask for the decision in writing and compare it with your state's statute. Our guide to requesting an accommodation includes a template, and our state law hub lists each state's fair housing agency.

Start with clear documentation

Fee conversations go more smoothly once the accommodation itself is settled. Start the free assessment; one pet is $89, there is no payment to start, and a clinician licensed in your state decides whether documentation is appropriate.