TENANTS SEEKING FEE WAIVERS MUST PROVE THEY NEED THE ANIMAL AND THAT THEIR REQUEST IS REASONABLE.
THE LEGAL BREAKDOWN OF A FEDERAL COURT RULING IN LOUISIANA In Henderson v. Five Properties LLC, the case involved a plaintiff’s request for a reasonable accommodation under the FHA and Louisiana Equal Housing Opportunity Act (LEHOA), specifically seeking a waiver of a $400 animal fee
2020 Notice, both of which suggested, and have been interpreted to mean, that housing providers can never charge pet fees for people with ESAs. Historically, the Chevron doctrine required courts to defer to agencies’ statutory interpretations if they were reasonable. That changed when the U.S. Supreme Court eliminated Chevron deference in Loper Bright Enterprises v. Raimondo. Some courts gave this agency guidance deference, but Judge Vance determined the guidance was not entitled to deference or even respect. As the U.S. Supreme Court recently confirmed in in Loper Bright Enterprises v. Raimondo it is the role of the courts, not agencies, to interpret constitutional and statutory provisions and agency guidance is not law. Moreover, agency guidance is only entitled to respect if it has the power to persuade. Judge Vance found the HUD Notice “unpersuasive” because the cases cited within the Notice did not support HUD’s position and because the Joint Statement was not thorough and had no reasoning to evaluate.
for her dog, which she claimed was an ESA. The defendants’ apartment complex allows animals, so there was no issue with the dog living there. The only dispute was whether the defendants had to waive the fee they charged all tenants just because the plaintiff had an ESA. Adams & Reese successfully represented the housing provider, and we argued that the FHA does not say housing providers must waive animal fees for ESAs. It only says they must make reasonable accommodations that are necessary for disabled people to use and enjoy their homes equally. The plaintiff, represented by the Louisiana Fair Housing Action Center, argued that it is always necessary to waive animal fees for people with ESAs to afford them an equal housing opportunity. HUD and the Department of Justice (DOJ) issued a 2004 Joint Statement and HUD issued a
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