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A recent court case that took place in Louisiana has opened the floodgates of curiosity for the future of ESA’s, otherwise known as Emotional Support Animals. This one case opened our eyes to the future of what ESA’s could be. Before we discuss what the rulings of this court case could mean for landlords in the future, let’s talk about the background of the case.
In Michaela Henderson v. Five Properties LLC and Suzanne Tonti, it was discussed whether animal fees should be waived for tenants who have an ESA. Michaela Henderson rented from a property owned by Five Properties and paid a nonrefundable fee of $350 for her animal. Later, she wanted to move into a different unit that was also owned by Five Properties. She applied with that same animal; however, she provided documentation that the animal was an ESA. Regardless of this change, Management still required a $400 animal fee. Henderson requested a reasonable accommodation for her ESA so she would not be charged the $400. She failed to provide evidence that paying the fee would alleviate the effects of her disability. However, it wasn’t having the animal that was the issue, in fact, animals were allowed at this property. It was waiving the fee that was the issue. It was proven that she had sufficient income to pay the fee, and the management company even offered the payment to be made by a payment plan, so if she couldn’t pay it all up front, she had another option. Henderson was not able to prove that her disability directly impacted her ability to pay the pet fee. In the end, the court ruled in favor of Five Properties LLC and Suzanne Tonti.
Now before you run to start charging pet fees for all of your tenants with ESA’s, it’s important to understand that just because it ruled in the favor of the owner here, that doesn’t guarantee you the same result. The specifics of each accommodation should be addressed on a case-by-case analysis. I know, that's probably not what you wanted to hear. However, all hope is not lost. This case proves that change can be made. If there are more cases brought to the court and similar rulings come into fruition, real change could happen. At the very least this case has brought up discussions regarding ESA’s and what constitutes reasonable accommodation and even more discussions are likely to follow. Landlords buckle up because I am sure there is going to be a long road ahead when it comes to the everchanging laws in fair housing and ESA’s.
Of course, there is a possibility that nothing changes and we go about business as usual. Even if this is the case, it is important to stay up-to-date on news like this so if change does happen, you can act on it. Staying up-to-date can be challenging, but you don’t have to do it alone. Contact Hero Property Management to schedule a free consultation at 801-845-4390.
Disclaimer: We are not attornies. We are not able to interpret law or act as an agent in any legal proceedings. Consult your own legal counsel about what was discussed in this blog post and what future actions you should take.