Federal Authorities Have Opened a Door to Charging ESA Rent – WA Landlords Should Leave it Closed

A Louisiana court may have cracked open the door to charging fees for emotional support animals (ESA), but Washington landlords should think very carefully before trying to walk through it. There have been several recent shifts regarding ESA accommodations in both the courts and in federal policies; however, these changes are unlikely to impact Washington landlords for a multitude of reasons.

In July of 2025, a Louisiana U.S. District Court determined in Henderson v. Five Props. LLC that housing providers are not automatically required to waive pet-related fees for ESA. The court reasoned that a tenant must show the fee waiver is both necessary because of the disability and reasonable under the circumstances. This court decision is the first deviation from prior HUD guidance that prohibited pet fees for any ESA or service animal.

Then in September of 2025, HUD withdrew two longstanding guidance documents (FHEO Notice 2013-01 and FHEO Notice 2020-01) that had provided housing providers with direction for how to respond to requests for animal accommodations. These guidance memos had supported the long-held idea that housing providers may not charge pet fees, pet deposits, or pet rent for service animals or ESA.

Finally, in May of 2026, reports surfaced about an internal HUD memo directing Fair Housing officials to treat trained service animals differently from emotional support animals. According to reporting, the memo stated that requests involving trained service animals are “presumptively reasonable,” while requests involving untrained ESAs are not. This memo reportedly referenced Henderson favorably and reflected a broader effort by HUD to narrow prior ESA interpretations.

While these changes may seem significant, they ultimately have little influence in Washington State because Washington landlords must comply with Washington law and agency guidance.

Essentially, Henderson is not the blueprint for charging for ESA for several reasons. First, Henderson is not binding case law. It is a single federal district court opinion from another circuit, which carries only limited persuasive value in Washington State or the Ninth Circuit.

Second, Washington’s Law Against Discrimination (“WLAD”), RCW Chapter 49.60, is generally interpreted broadly in favor of disability accommodations and equal housing opportunity. Washington housing law also treats all assistance animals—including ESA—differently from pets. As a result, charging “pet rent” or “pet fees” for an assistance animal creates substantial legal risk because the charge can be viewed as a disability-related surcharge.

Third, Washington agencies have long stated that landlords generally should not charge pet fees, pet deposits, or pet rent for assistance animals. Washington courts often give significant weight to that guidance when interpreting WLAD obligations.

Finally, many Washington jurisdictions tend to apply aggressive enforcement standards in housing discrimination matters. Even if a landlord ultimately prevailed, the cost of responding to a fair housing complaint or defending litigation could be substantial. Do you really want to be the test case over a few dollars?

The practical takeaway is straightforward: these new changes do not allow Washington landlords to charge for ESA. A landlord relying on Henderson to charge fees for an ESA or other assistance animal would still face significant risk under both the FHA and WLAD. For that reason, Washington housing providers should continue exercising caution and generally should not charge pet rent, pet fees, or pet deposits for assistance animals.

Alex Ellis is an Associate at Cutting Law Office PC, where her practice focuses on residential evictions and post-tenancy disputes. She brings a wide range of legal experience to her work, including prior experience with the King County Housing Justice Project, Snohomish Law Group, and Master Builders Association of Pierce County. She may be contacted at (206) 788-8840. Visit their website at cuttinglaw.com.