Property Management Podcast Interviews Roussel on ESA Fee Waiver Article

Adams & Reese Partner Liz Roussel is a guest on “The Same Day Podcast”, hosted by Keyrenter Property Management and Owner Mat Zalk. Roussel discusses with Zalk her recent article that she co-authored with Adams & Reese attorney Luke LaHaye, “Landlord Scores Major Ruling in Emotional Support Animal (ESA) Fee Waiver Case.”

Adams & Reese obtained a landmark win for a housing provider in Henderson v. Five Properties LLC, decided in the U.S. Eastern District of Louisiana. Roussel and LaHaye secured a ruling that the housing provider did not have to automatically waive its animal fee for a tenant with an ESA under the Fair Housing Act (FHA).

It was the first U.S. court decision to address this issue as Judge Sarah Vance held that a tenant with an ESA seeking to have her landlord waive a generally applicable animal fee was required to prove that the waiver was both necessary for her to use and enjoy her home and reasonable. Judge Vance rejected the notion that U.S. Department of Housing and Urban Development (HUD) guidance always requires housing providers to waive fees for people with ESAs.

In “The Same Day Podcast”, Zalk and Roussel discuss how the decision impacts property managers, specifically how the case challenges HUD guidance, why the Supreme Court’s Loper Bright v. Raimondo decision changes how courts view agency notices, and how landlords can confidently evaluate ESA accommodation requests.

Roussel also shares how this decision may influence future fair housing disputes. She explains how landlords can now require tenants to prove both the necessity and reasonableness of a fee waiver, and why this ruling gives property managers a clearer roadmap for handling ESA requests without fear of violating fair housing laws.

Roussel and LaHaye’s article have been referenced by more than 100 news outlets, including CNN, Forbes, Reuters, and Bloomberg. It is also one of the most read articles on JDSupra with more than 9,000 reads, and the article will be republished in Rent magazine in October in front of 120,000 members of the American Apartment Owners Association.

Roussel is a Litigation Practice Group Leader at Adams & Reese and a longtime Partner in the national law firm’s New Orleans office. Roussel is ranked Band 3 in Labor & Employment Law in Louisiana by Chambers USA and she has been recognized by Best Lawyers® on multiple occasions in both Litigation and Labor & Employment. LaHaye is a member of the Adams & Reese Litigation Practice Group and an attorney in the firm’s DC office.