ESA Fees and the LA/La Mix-Up: Don't Get Fooled!
A recent headline circulating on social media suggested that “LA” landlords can now charge fees for emotional support animals (ESAs). At first glance, it appeared to be a game-changer for California rental housing providers. But there’s a catch: the ruling was from Louisiana (La.), not Los Angeles (LA).
Here’s what the Louisiana case really said, and why it doesn’t change the rules for California housing providers.
The Louisiana Ruling
In Henderson v. Five Properties, LLC (E.D. La. 2025), a federal judge clarified that:
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HUD’s guidance is not binding law. HUD’s joint statements and guidance documents are considered “interpretive,” not enforceable by themselves.
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Fee waivers are not automatic. Tenants requesting that ESA fees be waived must prove two things:
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Necessity – that the waiver is essential for them to use and enjoy their housing on equal terms.
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Reasonableness – that granting the waiver does not create an undue financial or administrative burden on the housing provider.
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Courts may consider factors such as:
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The amount of the fee relative to total housing costs.
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How common similar fees are in comparable properties.
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The financial impact on the landlord.
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Whether the tenant demonstrates that paying the fee interferes with their disability-related needs.
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In short, the Louisiana court opened the door for landlords in that state to argue that ESA fees can be upheld if tenants can’t demonstrate necessity and reasonableness.
California Law Is Different
In California, the law remains much stricter. Under the Fair Employment and Housing Act (FEHA) and guidance from the Civil Rights Department (CRD):
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No fees allowed. Housing providers may not charge pet deposits, pet rent, or additional fees for ESAs.
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Reasonable accommodation required. Allowing an ESA is considered a reasonable accommodation when a tenant has a disability-related need.
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Documentation permitted. If the disability or need is not obvious, landlords may request reliable documentation from a licensed healthcare provider.
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Damages can be charged. While no fees or deposits are permitted upfront, landlords can deduct for actual damage caused by an ESA, just as they would for damage caused by a tenant.
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Exceptions are narrow. Landlords may deny an ESA only if it would:
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Pose a direct threat to health or safety.
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Cause substantial physical damage to property.
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Impose an undue financial or administrative burden.
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Fundamentally alter the nature of the housing provider’s operations.
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California law is enforced aggressively, and violations can expose housing providers to discrimination complaints, investigations, and financial penalties.
Side-by-Side Comparison
| Issue | Louisiana (La.) | California (LA and statewide) |
|---|---|---|
| Are HUD guidelines binding? | No — treated as non-binding interpretation | Not binding, but FEHA/CRD provide stronger statutory rules |
| ESA fees | Allowed if tenant cannot prove necessity & reasonableness | Prohibited — no pet rent, deposits, or fees |
| Documentation | Tenant must provide proof to justify waiver | Landlord may request reliable healthcare documentation if need is not obvious |
| Damages | Landlord may recover if ESA causes damage | Landlord may recover if ESA causes damage |
| Key law | Fair Housing Act (FHA) + Louisiana federal case law | Fair Employment & Housing Act (FEHA), CRD guidance, FHA |
The Takeaway
Don’t let a headline trick you. What happened in La. (Louisiana) does not apply in LA (Los Angeles) or anywhere else in California.
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In Louisiana, the Henderson ruling allows courts to evaluate ESA fee waivers on a case-by-case basis.
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In California, the law is clear: ESA fees are not allowed. The only charges permitted are for actual damages caused by the animal.
If you’re a California rental housing provider, stay aligned with FEHA and CRD guidance. The Louisiana decision may generate headlines, but it doesn’t change your obligations here.
For More Guidance:
Visit the Fair Housing section of the Knowledge Hub