[US]Are pet fees on an approved ESA illegal under Fair Housing or can landlords still charge them

The Fair Housing Act is clear on this, landlords and housing providers covered by FHA are prohibited from charging pet deposits, pet fees, or monthly pet rent for an approved emotional support animal. The only financial recourse a landlord has is to seek reimbursement for documented damage caused by the animal through normal security deposit procedures at the end of a tenancy

Landlords who add ESA related fees are violating federal law whether they realize it or not, and tenants can file a complaint with HUD which is free to do. The investigation process can take over a year with no guaranteed outcome though so filing is a real legal step that requires understanding what comes next, not just a quick form that automatically gets money back

The biggest issue is landlords keep getting away with illegal pet fees because most tenants either dont know the fees are illegal or dont want to deal with the hassle of fighting it, and property management companies know this which is why the practice is so widespread even though its been a federal violation for decades