12/03/2025
📢 Important Update for Tucson Landlords: New ESA Court Ruling You Should Know About
A recent federal court decision may change how landlords across the country handle Emotional Support Animals (ESAs) in rental properties. 🐾🏡
This ruling came from the U.S. District Court for the Eastern District of Louisiana in the case Henderson v. Five Properties, LLC (July 2025).
📚 What Actually Happened in the Case
In 2022, a tenant named Michaela Henderson lived at an apartment community in Harahan, Louisiana. She paid a standard pet fee for her dog, Tydus, when she moved in.
A year later, she moved to another property owned by the same company and requested that the new $400 pet fee be waived, claiming Tydus was an Emotional Support Animal. She provided a letter from a medical professional stating the dog supported her mental health.
The landlord allowed the dog but did not waive the fee. Henderson filed a disability discrimination claim, arguing that the fee waiver was a reasonable accommodation under the Fair Housing Act (FHA) and Louisiana Equal Housing and Equal Opportunity Act (LEHOA).
The central question became:
Is a landlord legally required to waive a pet fee simply because a tenant claims an ESA?
⚖️ What the Court Decided
Judge Sarah Vance ruled in favor of the landlord. Here’s why:
1. ❗ Necessity
The tenant must prove that waiving the fee is essential for them to use and enjoy the home.
In this case:
The tenant admitted she could afford the fee.
The landlord even offered payment installments.
There was no evidence that waiving the fee was medically necessary.
2. 💰 Reasonableness
The fee must cause a genuine financial hardship.
The $400 fee, spread over 15 months, was about 3 percent of her total rent.
The court said this was not burdensome.
3. 📝 HUD Guidance Is Not Binding
The judge noted that HUD guidelines are not law and do not automatically force landlords to waive fees.
Every situation must be reviewed case by case, not rubber-stamped.
🔍 What This Means for Landlords
✔ You can still request proper ESA documentation
✔ You are not required to waive pet fees unless the tenant proves necessity and reasonableness
✔ Having an ESA does not automatically eliminate all fees
✔ Document every ESA request carefully
✔ Evaluate each case individually to remain compliant
✔ This ruling strengthens a landlord’s ability to charge reasonable fees when justified
If you are a Tucson landlord and want help navigating ESA requests, tenant screening, or placing qualified tenants, I can help you stay compliant and protect your investment. 🏠🔒
Karl Krentzel, eXp Realty
Tucson’s Problem Property Specialist
📩 Message me with questions about your rental or if you need help placing a great tenant.