District Court Rules on ESA Fees…Here are the details….

No doubt, you have read or heard about the court case in the U.S. Eastern District of Louisiana involving emotional support animals (ESA’s). There is a great deal of information out there, and it is important to understand what this case means – and what it does not mean.

Case Summary: Henderson v. Five Properties LLC

In Henderson v. Five Properties LLC, the U.S. Eastern District of Louisiana addressed whether a landlord must waive an animal fee for a tenant with an emotional support animal (ESA) under the Fair Housing Act (FHA) and the Louisiana Equal Housing Opportunity Act (LEHOA).

Background

Plaintiff Michaela Henderson applied to lease an apartment at Sunlake Apartments, managed by Five Properties LLC, and requested a waiver of the $400 nonrefundable animal fee for her dog, Tydus, citing his status as an ESA. Henderson submitted a letter from an advance practice registered nurse (“APRN”) stating that she had a mental/emotional disability and that Tydus helped alleviate her symptoms. However, the defendants denied the waiver, arguing that Henderson had not demonstrated that the fee waiver was necessary for her to use and enjoy the apartment, especially given her financial ability to pay the fee.

Legal Issues

Henderson sued under:

• 42 U.S.C. § 3604(f)(3)(b) of the FHA
• La. Rev. Stat. § 51:2606(A)(6)(a)(ii) of the LEHOA

She claimed the denial of the fee waiver constituted discrimination by Five Properties LLC for failing to provide a reasonable accommodation.

The Decision

The Court ruled in favor of the defendants:

• The court found that Henderson failed to prove the fee waiver was necessary for her to use and enjoy her housing and was reasonable.
• The court emphasized that a reasonable accommodation under the FHA and LEHOA is a fact-specific inquiry, not an automatic entitlement.

What Does this Mean?

It is important to understand the scope of this decision: It is only binding on the parties to this case. The ruling does not create a new nationwide precedent or standard concerning ESA accommodation requests or requests for fee waivers.

There is significant case precedent and federal guidance supporting reasonable accommodations for ESAs. Therefore, consult your attorney before denying a request for a reasonable accommodation or a fee waiver.