Roussel & LaHaye Published in AAOA Magazine on Landlord Victory in ESA Case

Adams & Reese attorneys Liz Roussel and Luke LaHaye authored “Major Victory for Landlords in Emotional Support Animal Case,” published in the 2025 Fall issue of Rent magazine, a publication produced by the American Apartment Owners Association (AAOA). The AAOA is the largest nationwide landlord association with over 156,000 members, including apartment owners, investors, property managers, and real estate brokers. 

Roussel and LaHaye successfully represented a housing provider in a landmark victory in Henderson v. Five Properties LLC, U.S. Eastern District of Louisiana. 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 necessary for her to use and enjoy her home. In other words, the landlord did not have to automatically waive the animal fee for a tenant with an ESA under the Fair Housing Act (FHA).

This is the first decision in the country to squarely address this issue of importance to housing providers who are subject to the FHA, and it rejects the notion that guidance issued by the U.S. Department of Housing and Urban Development (HUD) always requires housing providers to waive pet fees for people with ESAs.

For years, guidance from HUD, the Department of Justice (DOJ), and others have maintained that housing providers must waive fees whenever someone claims they are disabled and need a service or assistance animal. Period. Though not actually the law, this idea was perpetuated through Internet websites that have profited from promoting the sale of ESA prescriptions by advertising that purchasers may save money by avoiding animal fees.

This federal court ruling clarifies that the analysis does not begin and end with the delivery of an ESA letter from a tenant to a landlord. Instead, tenants seeking fee waivers must prove they need the animal and that their request is reasonable under the circumstances. Judge Vance’s ruling provides guidance to landlords about how to assess the need for and reasonableness of waiver requests.

Following Judge Vance’s ruling, the Office of Fair Housing and Equal Opportunity (FHEO) withdrew the HUD Notice pursuant to Executive Order 14219 of February 19, 2025 (“Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.”)

The HUD Withdrawal Notice explained that while guidance is a common tool for agencies to advise the public, it can sometimes be used by agencies to attempt to bind the regulated public without adequate accountability. It also stated that, in some instances, guidance promulgated by the FHAO may have adopted interpretations that are inconsistent with statutory text.

Thus, for the time being, the Withdrawal Notice instructs that the HUD Notice should not be enforced or relied upon by HUD or stakeholders.

Liz Roussel is a Litigation Practice Group Leader at Adams & Reese and a longtime Partner in the national law firm’s New Orleans office. Liz is ranked Band 3 in Labor & Employment Law in Louisiana by Chambers USA and she has been recognized by Best Lawyers® on multiple occasions. Liz focuses her practice on advising employers and managers of businesses and defending their interests in litigation. Liz has represented a wide variety of clients including energy and oil and gas companies, real estate owners, healthcare organizations, financial institutions, Fortune 500 companies, among others.

Luke LaHaye is a member of the Adams & Reese Litigation Practice Group and an attorney in the national law firm’s DC office. Luke has a diverse practice that focuses on litigation as well as regulatory and compliance counseling. In his litigation practice, he represents clients in a variety of areas, predominately commercial litigation and labor and employment. His regulatory and compliance practice spans from advising clients on customs and international trade issues to counseling financial institutions and service providers regarding compliance with federal and state consumer protection statutes and regulations.