ESA Ruling in Louisiana: What Landlords Need to Know
In August, a federal judge in Louisiana made a big ruling around Emotional Support Animals (ESAs) that caught my attention. As property managers, we’ve all seen how ESA requests can be tricky to handle, especially when it comes to pet fees. The case, Henderson v. Five Properties LLC, is a reminder that landlords don’t automatically have to waive fees just because a tenant claims their animal is an ESA.
Here’s what happened: a tenant asked for a $400 animal fee to be waived for her ESA. The landlord, who already allowed pets, said no and kept their policy consistent. The tenant pushed back, claiming the Fair Housing Act required the fee waiver. The judge disagreed.
The Judge’s Key Points
ESA fee waivers aren’t automatic. Tenants need to show that waiving the fee is necessary and reasonable for them to enjoy their home equally.
HUD guidance is not the law. While it can be persuasive, it doesn’t override a case-by-case analysis.
The facts matter. In this case, the fee was only about 3% of the tenant’s total housing costs, it was a standard charge, and the tenant didn’t show evidence that paying it impacted her disability or ability to live there.
Why This Matters for Landlords
This decision is a win for housing providers because it reinforces that requests for accommodations have to be reasonable and backed up with facts. It doesn’t mean you can ignore ESA requests—it means you’re allowed to review them carefully, document the situation, and make a fair decision.
Takeaways for Property Managers
Keep your pet fee policies clear and consistent.
Review ESA requests on a case-by-case basis.
Don’t automatically waive fees—ask if the tenant can show why it’s necessary.
Document your process so you’re protected if challenged.
When in doubt, check with your attorney to make sure your decision holds up.
Final Thought
At Ironclad, we know how frustrating and confusing ESA requests can be. This ruling is a reminder that landlords aren’t powerless—you can enforce your policies as long as you do it fairly and thoughtfully.
Legal Disclaimer
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and can change quickly—always consult a licensed attorney before making legal decisions related to ESAs, fair housing compliance, or property management practices.
Want to Read the Actual Ruling?
You can dive into the full Order & Reasons from the U.S. District Court, Eastern District of Louisiana, signed on July 16, 2025. It provides complete context on the court’s reasoning, legal standards, and how they weighed necessity and reasonableness.Justia Derecho
