Can I charge pet rent for an assistance animal now?

It is contested rather than clearly prohibited, and pet rent is the hardest of the three charges to defend because it is not tied to any damage. Your state law may answer it before the Fair Housing Act does.

Can I take a refundable damage deposit?

An ordinary damage deposit applied to every tenant is on much stronger ground than an animal-specific charge.

Charging for an assistance animal

For landlordsLast reviewed Sep 15, 2026

The clearest rule in this area became the least clear one in May 2026, and the answer now depends on your state.

What the rule used to be

HUD Notice FHEO-2020-01 said a housing provider may not charge a pet fee, pet deposit or pet rent for an assistance animal, because the animal is not a pet. That was unambiguous and almost universally followed.

What it is now

That notice was rescinded on 22 May 2026. The reasonable accommodation duty it rested on is still in the statute, and a court can still find that charging a pet fee for an assistance animal defeats the accommodation. What has gone is the guidance a tenant could point at and a provider could rely on. The question is genuinely open, and open is not the same as settled in your favour.

Before changing your policy, check your state. Several states prohibit non-refundable pet fees for any animal, which decides the question without reference to fair housing law at all. Others cap deposits or regulate the return deadline. A national answer is not available any more.

What has not changed

The tenant is liable for damage the animal actually causes. That was always true and is not affected by anything HUD did.
You may apply the ordinary damage deposit you apply to every tenant.
Subsidised and federally assisted housing has Section 504 obligations on top of the Fair Housing Act, and those are unaffected.

The commercial view

Charging is now arguable rather than clearly unlawful. It is also the single most likely thing to turn a quiet accommodation into a complaint, and the sums involved are usually small next to the cost of defending one. That is a business judgement rather than a legal one, and it is worth making deliberately.

Common questions

Can I charge pet rent for an assistance animal now?: It is contested rather than clearly prohibited, and pet rent is the hardest of the three charges to defend because it is not tied to any damage. Your state law may answer it before the Fair Housing Act does.
Can I take a refundable damage deposit?: An ordinary damage deposit applied to every tenant is on much stronger ground than an animal-specific charge.