Service Animal Question

[Kevin H.]

So I am trying to rent out my first sfh. I showed it today to a gentleman who stated he is a disabled veteran and has a service dog. I stated, pets are allowed. However there would be an additional fee of $25 per month for the service animal. He immediately stated I can’t do that, due to FHA laws. I did some checking and he is correct for the most part. However on the HUD.gov website they state where FHA does not apply. “What Housing Is Covered? The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.” Being that it is a single family home and I am not using a broker to try and rent to him. Does that allow me to charge a extra monthly pet fee and a deposit?

[Russell Brazil]

No you can not charge any extra fees. If the animal causes additional wear and tear, you can withhold the applicable amount from the security deposit. However you can not charge extra rent nor an extra security deposit for a service animal. A service animal is not considered a pet under the law.  View the animal as a wheelchair or cane. Under the law it is the same as any other device a disabled person may use.