Is pet rent considered a fee?

Is rent considered a fee?
Everyone around me keeps saying you can’t charge fees or pet deposits for Assistance Animals (even HUD, TAA, NAA all avoid the word rent), but rent is neither a deposit nor a fee, right? I specifically remember being taught in a fair housing class that you CAN charge rent because the Assistance Animal lives there too. But everyone says you can’t for ANYTHING.
So which is it? And what about damages after move-out?

Good question! I only charge damages upon move out.

We require our ESA permits come from a physical establishment no online permits are allowed for us.

This is a great idea. How do you word this to them? Have you ever been called out on it?

We just say that the online websites aren’t verifiable so we require documentation from a doctor. Whether it be PCP or other doctor. A lot of those sites aren’t certified so it’s really easy for people to just create their own permit for an ESA. With the doctor documentation we can call and verify.
We don’t call but if it came down to it with damages it’s a paper trail that can actually be followed

Our properties require a letter signed and notarized from their primary care physician stating the need for the service animal. Works like a charm!

Like pet rent? No, because the assistance animal is not a pet, thus no pet rent can be charged

This sounds like the best insight so far! It makes more sense when you put it that way

Rent is a periodic charge. You cannot collect any money for assistance animals regardless of what it is coded to. You can, however charge for damage caused by the animal unless your state or local laws say differently.

When you charge for "pet rent" that is making the determination that said animal is a "pet". An assistance animal is not a pet. Therefore, no charges for the assistance animal. However, yes you can charge for any damages caused by the "animal".

You can’t charge per rent, per fair housing on assistance animals.

You cannot charge fees, pet rent or pet deposit on assisted animals including ESA’s. You can charge for damages upon move out though. Have lots of pictures to document damage, including pulling back carpet if unit smells of urine but is not visible to the eye. Hope this helps

This may vary by state, but here in VA, you cannot charge rent for an Assistive Animal because it is an accommodation that you make so that a person who is disabled can enjoy the apartment to the same degree as others. In my mind, this would be like charging rent for a wheelchair. Damages and picking up poop are part of the resident’s obligation- the animal is an extension of them and you would charge them for these things.

Ah yes, it’s an accommodation! Thank you, this makes way more sense. Otherwise, we’re not really accommodating someone in need. And I guess it really is the same as charging for a wheelchair. Terrible.

I think the verification process is important- make sure you investigate your state laws and qualify people, gently but responsibly, and after they pass that criteria- that animal is part of them. Which also means they control it and are responsible for its behavior just like they are their own, which is how I keep this tidy in my mind- if the resident bit another resident, it’s reasonable to address it, if they peed in a corner, you’d address it.

If you’re asking about pet rent specifically, you can only charge if it’s a “pet”. Service animals are not considered “pets” so the pet fees, pet deposits, and/or pet rents wouldn’t apply to them. Hope that helps!

You can however get a legal document from your legal team.. assitive animal addedum that address behavior and damages and what happens if they situations like this are encountered. But still no money, of any type, is charged it deposited.

Do you charge rent for medical equipment? NO. That's essentially what a service/support animal is. Do you charge damages caused by medical equipment? YES. The damage wasn't there at move in, it shouldn't be there at move out.

Love this answer! Very clear the way you describe it!

Companion/assistance animals are not “pets”, so we can’t charge “pet rent” for them.

This is what I have always been told as well because they are not pets you can’t charge any fees or rent period. I also know there is an service animal or ESA addendum that you can have them fill out with TAA leases that outlines the whole purpose and process of service animals and ESA

ESA & Service Animals as not pets. Unfortunately, you cannot charge pet deposit, pet fees or pet rent for ESA or Service Animals. This is prohibited under the FHA & HUD. Grace Hill has some great training on this topic. My company works with Petscreening.com and they take on the compliance. Hope this helps.

Think of the assistance animal as if it were a cane or wheelchair. You don't charge for anything that assists someone to be able to live in their apartment home. Contact your attorney if you have questions on what you can charge. It will be money well spent should you get sued.

I just wish people understood... there’s no such thing as a “Service Animal Certificate” that automatically qualifies you for the need. It’s something you and/or anyone can buy online. It’s also just a sticky situation that you can’t even question.
Service animals - don’t have to pay per rent because they’re not a pet nor do they have to pay any deposits or pet fees. It can be a donkey and you’d still have to accept it.
I noticed being more lenient with fees from the beginning helps. I used to do $300 fee $200 deposit and $20 pet rent. Everyone had a service animal.
Now I do $300 pet fee $0 pet rent and no deposit and now everyone is honest about having a pet.
If they have 2 pets I charge $35 pet rent and 2 pet fees.

We can not charge for service animals, but my best advice to you if your getting a lot of people who pay for the letter online is to look up petscreening.com we have had good luck with it.

The best way to resolve that issue is to require a letter from their doctor, therapist, psychiatrist, priest, etc stating that they need an emotional support animal. And yes, you are allowed to ask for that paperwork. A service animal is whole different story though, and isn't something you can just print off the internet. They are licensed, trained animals that come with all the certifications and paperwork.

I don’t understand why people are upset about this question, you’re obviously asking to get clarification because you’ve been directed otherwise. I’ve been trained you can’t charge rent and fees for service animals and ESA animals, because they are an essential animal to the person renting to you (or who will be renting to you) but you can charge for damages, if there are damages after move out. If your company has an attorney, you should reach out to them for the written policy/laws, so you can send that to your management so that others aren’t confused about this in your company. Thank you for asking, so that you aren’t finding yourself in legal trouble. Unfortunately, laws can still be broken, even if you don’t realize you’ve broken them, so you did the right thing by reaching out for help. It’s also always a good idea to reach out to your legal team if you aren’t 100% sure on laws or policies. I reach out to our legal team often for clarification or legal verbiage for notices, to make sure there’s no way I’m accidentally saying something wrong or doing something wrong, because even years into working in property management, I don’t know it all and learn something new almost every day.

No fee/rent for us, we’re in CA. All of the ESA or SA were reviewed by our legal department after they submit an application and certificate. Once it’s approved then great. I totally get that people will abuse “the system” to get free rent which puts a bad image for the ppl that actually need it but I would recommend you speak to the attorney to release any liability. Last thing anyone wants is a fair housing violation.

An ESA AND SA are not considered pets so you cannot charge monthly pet rent or any additional deposit for the animal. Whether you call it a fee or rent, you cannot subject the renter to anything additional you’d charge for a pet as again, and ESA and Service Animal does not fall under a pet category as long as they have 3rd party supporting documentation stating the need and they will fill out a Reasonable Accommodation form. Damages at move out would be taken from the on hand security deposit and any remaining balance after all other necessary charges are reduced, then the renter may owe out of pocket. Fee and rent are still representing a monitary value

I explain it to people like this "a service animal is not a pet, so is required to follow the rules that a person would... no loud noises, no pooping on my lawn, and can't bite my maintenance guy". Aside from that, damages are damages, from either occupant or guest, the leaseholders are responsible.

Every situation is different and needs to be evaluated accordingly!

I totally get what you're asking. It seems a lot of people on here don't. You're making a point that rent isn't a fee and therefore shouldn't you be able to still charge pet rent since rent isn't considered a fee. Obviously we can't charge pet rent either for ESA or service animals, but you make a good point.

You can charge for damages but you cannot charge rent for an assistance animal , that would be like charging rent for a wheelchair . It’s categorized the same kinda way, you can’t do it or even view it as a pet.

What state do you all live in? We use reasonable accommodation forms that owners must provide name, of certified, licensed, professional we can verify prospect does need service or ESA animal. They have to provide us with vaccination paperwork and must follow policy such as leash and clean up, etc.