As a landlord, emotional support animals are a hot topic. Explore the meanings of Louisiana’s new ruling and the precedent it may set for ESA law interpretation in your area.
Recently, in New Orleans, Louisiana, a court case arose between the owner of an emotional support animal and the company they were renting from. The case covered whether or not the tenant could be charged a pet fee for an ESA. Learn what this means for landlords and property managers regarding their tenants’ emotional support animals.
What was the result of the case on ESA law interpretation?
This ruling ultimately decided that it was not illegal for the property owners to charge the animal’s owner a fee to move into their property with the animal in question. While this court ruling is binding in the Eastern District of Louisiana, it serves as a reminder to housing providers to be aware of their rights while accommodating ESAs within the rental property. The case, brought forth by the tenant, claimed that the denial of an animal fee waiver constituted a refusal to make reasonable accommodations for a disability. This decision favored the housing provider, enabling them to charge a pet fee in the case of a tenant owning an emotional support animal.
To determine whether the Fair Housing Amendments Act (FHAA) and the Louisiana Equal Housing Opportunity Act were violated, the courts found that the person asserting the violation must prove four statutory factors in their favor.
- The tenant must have a disability
- The tenant must have requested accommodation from the housing provider
- The tenant’s request must have been reasonable
- The tenant’s request must be necessary for their ability to have equal use of their residence
According to Michaela Henderson v. Five Properties LLC and Suzanne Tonti:
“Therefore, to succeed on this prong, plaintiff must show that her requested accommodation, the waiver of the animal fee, is indispensable and essential to achieve ameliorative effects of her disability. Plaintiff fails to do so. Plaintiff puts forward no evidence to demonstrate that waiving the fee would alleviate any effects of her disability. The letter from Lee adequately establishes that Henderson has a recognized disability and that her pet provides relief from symptoms of that disability. But her having the animal is not at issue; defendants allow animals in the apartment. The indispensable nature of the fee waiver is at issue. The evidence in the record establishes that a proposed alternative, a payment plan for the animal fee, would have been effective. “ Case 2:24-cv-00750-SSV-KWR Document 93 Filed 07/16/25 Page 11 of 24
Can a landlord charge a pet fee on an emotional support animal?
Even after this ruling, the question of whether a landlord can charge a pet fee is not clear-cut. ESA laws vary significantly depending on the location of the property. While all jurisdictions are subject to rights granted to assistance animals under the Federal Fair Housing Act, your state or municipality may hold that a waived pet fee or pet deposit are reasonable accommodations or expressly outline within the landlord-tenant laws that housing providers are allowed to exclude emotional support animals from pet fees. Speak to a lawyer familiar with landlord-tenant law in your area.
Learn more: What is an Emotional Support Animal?
Final thoughts
Ultimately, this ruling may mean that a housing provider expecting pet fees for ESAs is not in violation of the Fair Housing Act. Whether or not this impacts you and your properties as a landlord, owner, or property manager depends on your state and local legislation, and brings awareness to landlord and property managers’ legal obligations when dealing with an applicant seeking the reasonable accommodations of an emotional support animal. As with any legal changes or court rulings related to landlord-tenant laws, you should always talk to a lawyer before making any changes to your current operating procedures.