Can a landlord charge for a pet in Utah, and what does the law require for an assistance animal?
Utah puts no ceiling on a pet deposit or a pet fee and an absolute stop on charging anything extra for an assistance animal, which is the widest gap between the two rules in the country.
Cited to Utah Code § 57-17-1 and 20 more cited sources · Verified September 21, 2026
There is no pet-deposit statute and no general deposit cap at all, so a pet deposit rides the ordinary deposit chapter: it must be returned or explained, deductions are limited, and any part of it may be made non-refundable if there is a written agreement and the landlord says so in writing at the time the deposit is taken. Pet rent is not regulated. Against that, an owner or lessor of private housing may not in any manner discriminate against a person with a disability because they have a service animal or a support animal, including by charging an extra fee or deposit for one, and support animal is defined as an animal that qualifies as a reasonable accommodation under federal law, so the bar reaches an animal kept for emotional support. A landlord may ask for documentation from a physician, psychiatrist or other qualified healthcare professional, but only where the disability or the need for the animal is not readily apparent. Charging the barred fee is a class C misdemeanor, and so is faking an animal or lying to a clinician to get a letter; forging the letter is a felony. No lease need state a pet policy, and no Utah statute touches a landlord's breed rule, though a city may not have a breed ordinance.
Utah pets & assistance animals at a glance
| Which law governs | Utah splits this topic across three instruments. The money side is the Residential Renters' Deposits chapter, title 57 chapter 17, which sets a procedure rather than a ceiling: deposits however denominated must be returned or explained, any part may be made non-refundable on two written conditions, and the return runs on a thirty-day clock with a tenant's notice and a five-business-day cure before any penalty. The assistance-animal side is title 26B chapter 6 part 8, which gives a person with a disability equal access to private housing and bars an extra fee or deposit for a service animal or a support animal, with the offenses in the same part. On top of that sits the Utah Fair Housing Act at title 57 chapter 21, whose reasonable-accommodation duty is the authority for rule R608-1-17, the administrative rule that supplies Utah's only documentation standard. Local power is limited by three separate preemption sections. |
|---|---|
| Where in the state the answers differ | The two assistance-animal layers bind different landlords, and the seam matters. The housing right and the charge bar in title 26B carry no exemption at all: no owner-occupied carve-out, no unit count, no small-landlord rule. The Fair Housing Act, and with it the documentation rule made under it, exempts a single-family dwelling unit sold or rented by its owner on four cumulative conditions, and the rental of a room in an owner-occupied dwelling designed for four or fewer families, along with religious, nonprofit, private-club and educational exemptions. So in an owner-occupied Utah fourplex the accommodation duty and the documentation rule fall away while the bar on charging for a service or support animal stays. Mobile home park lots run on their own chapter with a disclosure duty the private market does not have. Everything else is statewide. |
| Which landlords are covered | Every residential landlord for the money rules and for the assistance-animal charge bar. The deposits chapter is written to owners or designated agents requiring deposits from renters leasing or renting residential dwelling units, with no exemption of any kind, and the charge bar binds an owner or lessor of private housing accommodations with no exemption either. The narrower set is the fair-housing layer: its exemptions, listed under assistance animals below, take the accommodation duty and the documentation rule away from some small owners while leaving the charge bar in place. Mobile home park lots carry their own disclosure rule and are stated as a separate row below. No Utah housing class must allow pets. |
| Pet deposit | Yes, with no statutory limit. No Utah statute mentions a pet deposit, and Utah caps no deposit of any kind, so there is no ceiling for one to sit inside or on top of. What governs instead is the deposits chapter, which reaches deposits however denominated and therefore reaches a pet deposit: the owner must either return the deposit at the end of the tenancy or give the renter written notice explaining why any refundable part is being kept (section 57-17-1). Deductions are limited to rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, and cleaning (section 57-17-3, subsection 1). Within thirty days after the renter vacates and returns possession the owner must send the balance, any prepaid rent and, where deductions were made, a written notice itemizing and explaining each one; since 2025 that may be sent electronically by a means the renter provided. A renter who is not paid must then serve the tenant's notice to provide deposit disposition that the statute prints, and the owner has five business days to comply; only after that does the renter recover the full deposit, the prepaid rent and a one hundred dollar civil penalty, with costs and attorney fees only on a finding of bad faith. A renter who skips the notice gets no relief at all. A service animal or a support animal is a different question entirely, and the answer is under assistance animals below. Refundability: Not required, and this is the practical Utah answer. If there is a written agreement and if any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken (section 57-17-2). Both conditions must be met, and nothing limits how much of the deposit may be made non-refundable. |
| Pet rent and pet fees | Yes — pet rent or a pet fee may be charged, and no statute caps it. Utah permits a one-time non-refundable pet fee by its general route, and leaves pet rent alone entirely. There is no bar on non-refundable charges, no closed list of fees a landlord may charge, and no reasonableness standard on a landlord's charges; the Fit Premises Act, which carries the habitability duties, contains no animal word and no charge provision. The only reasonableness standard that touches animal money runs the landlord's way, in the assistance-animal section, which lets an owner recover a reasonable cost to repair damage the animal causes. The single charge bar in Utah law is the assistance-animal one, and it reaches an extra fee or deposit alike, which makes the gap between Utah's pet rule and its assistance-animal rule unusually wide. Monthly pet rent: Wholly unregulated. No Utah statute addresses a recurring monthly pet charge, and the phrases pet rent and pet fee return nothing anywhere in the Utah Code. A one-time pet fee: Lawful, and it may be non-refundable. Any part of a deposit may be made non-refundable if there is a written agreement and it is stated in writing to the renter at the time the deposit is taken (section 57-17-2). Both conditions are required, and no ceiling limits how much of the money may be non-refundable. |
| Pet policy in the lease, and changing it mid-tenancy | No — no statute requires a lease to state a pet policy, and no written-rules provision governs one. No Utah statute requires a residential lease to state a pet policy, supplies a default when the lease is silent, limits the number of pets, or governs a pet rule adopted during a tenancy. Utah has no residential rules-and-regulations section at all, so a mid-tenancy pet rule is a matter of contract and of the general duties in the Fit Premises Act. The Fair Housing Act preserves reasonable limits on the maximum number of occupants permitted to occupy a dwelling, which is about people rather than animals. The only animal-number rule in Utah law binds municipalities and protects police dogs: where a municipality limits how many dogs a person may keep, it must allow a law-enforcement service animal, a retired one, or both, in addition to that limit. Mobile home park lots are different and carry a real disclosure duty, stated as their own row below. |
| Breed, size and weight restrictions | Yes. Utah law says nothing about a landlord's breed, size or weight rule. The word breed appears in thirteen documents in the whole Utah Code, all of them about dog and cat breeder licensing, livestock, brands, mosquito abatement or agriculture, and none of them in the real-estate or insurance titles. Utah does bar breed-specific rules at the local level: a municipality may not adopt or enforce a breed-specific rule, regulation, policy or ordinance regarding dogs, and any such measure is void (section 18-2-101). Two limits on that go unstated almost everywhere: it binds municipalities and not counties, and it voids the ordinance rather than a lease term, so a Utah landlord's breed clause is untouched by it. There is no assistance-animal carve-out from a breed rule by that name, but the state's fair-housing rule allows refusal only on conduct, where an assistance animal has a history of dangerous behavior or is out of control and the handler does not take effective action to control it. |
| Assistance animals: the state instrument and who it binds | Yes — a state statute or rule sets what a landlord may request or what a certifier must meet for an assistance animal in housing. Both a statute and an administrative rule under it speak to it. State law incorporates a federal statute or codified regulation by reference. An individual with a disability has equal rights and access to public and private housing accommodations offered for rent, lease or other compensation in the state, and a person renting, leasing or selling private housing to such an individual must comply with the charge and access section (section 26B-6-802, subsection 4). That section gives the right to be accompanied by a service animal in those places, without additional charge, unless the animal is a danger or nuisance to others as that is interpreted under the federal disability statute, and it preserves any exclusion federal law permits (section 26B-6-803). A separate subsection gives a person who is not disabled and who handles an animal in training the same access and no-extra-charge right, though it defines the animal by a cross-reference to the municipal law-enforcement dog provision, which does not fit the rest of the section. Alongside all of that, the Utah Fair Housing Act makes it a discriminatory housing practice to refuse a reasonable accommodation in a rule, policy, practice or service when the accommodation may be necessary to afford the individual equal opportunity to use and enjoy a dwelling, with a defense where the disability, even with reasonable accommodation, poses a serious threat to health or safety and the respondent carries the burden. The administrative rule made under that act is where Utah's documentation standard lives. Who it binds: Two layers, binding different sets. The housing right and the charge bar bind an owner or lessor of private housing accommodations, and reach public and private housing accommodations offered for rent, lease or other compensation in the state; part 8 of title 26B chapter 6 carries no owner-occupied, unit-count, single-family or small-landlord exemption of any kind. The Fair Housing Act, and with it the documentation rule made under it, exempts a single-family dwelling unit sold or rented by its owner where four conditions all hold: the owner has an interest in fewer than four such units for sale or lease at one time, has not sold two or more units not occupied by the owner in the previous twenty-four months, uses no broker, and uses none of the advertising the act forbids; it also exempts the rental of a room in an owner-occupied dwelling designed for four or fewer families, apart from the advertising rule, along with religious organizations, nonprofits, private clubs and nonprofit educational institutions. So in an owner-occupied Utah fourplex the accommodation duty and the documentation rule fall away while the charge bar does not. The housing right is also limited generally: nothing in the chapter requires a landlord to modify the housing or the property, or to provide a higher degree of care than for someone without a disability. The rule's currency: Rule R608-1-17 of the Utah Administrative Code, the Utah Fair Housing Rules, made under title 57 chapter 21 and published by the Office of Administrative Rules. The rule's own face lines read: date of last change November 21, 2011, notice of continuation January 8, 2026, authorizing and implemented or interpreted law 57-21-1 et seq. and 63G-4-102 et seq. The publisher's record for the same rule gives an effective date of November 21, 2011, an end date of January 8, 2031, and a status of current. |
| What counts as an assistance animal | Four terms, in three instruments, and they do not line up. Service animal includes any dog that is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability, and that performs or is in training to perform work or tasks directly related to the disability, followed by a nine-item list of examples; it does not include an animal other than a dog, or an animal used solely to provide a crime deterrent, emotional support, well-being, comfort or companionship (section 26B-6-801, subsection 4). Support animal is the separate category that carries the rest: an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability (subsection 6). The administrative rule uses a third word: assistance animals means animals that assist, support or provide service to persons with disabilities, and may include or otherwise be referred to as service animals, emotional support animals, assistive animals or therapy animals. A fourth term is a trap rather than a definition: the municipal chapter's service animal is a law-enforcement dog, and the housing section cross-refers to it in a way that plainly does not fit. Disability in the disability-rights part takes the meaning of the federal disability statute and its implementing regulation as they may be amended in the future; in the Fair Housing Act it is a physical or mental impairment that substantially limits an individual's major life activities, including a record of such an impairment or being regarded as having one. |
| Documentation a landlord may request, and what a certifier must meet | A housing provider is entitled to verify the existence of the individual's disability and the need for the assistance animal as an accommodation for that disability, but only if either of those is not readily apparent (rule R608-1-17, part A, paragraph 2a). Where both are apparent, the rule gives no entitlement to verification. A licensed or qualified professional must certify. Who may certify: An individual proposing an assistance animal as a reasonable accommodation may be required to provide documentation from a physician, psychiatrist, or other qualified healthcare professional that the animal provides support that alleviates a symptom or effect of the disability (rule R608-1-17, part A, paragraph 2a). That is a provider class, though it is written as a test of competence rather than of licensing, and no license type is named. The relationship test: No period is set, and no treating-relationship rule exists. What the rule requires instead is a link between the animal and the disability: the animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program, and that requires a demonstrable relationship between the individual's disability and the assistance the animal provides (rule R608-1-17, part A, paragraph 2). Utah's documentation rule is short and it lives in a regulation rather than a statute. A landlord may verify the disability and the need for the animal only where one or the other is not readily apparent, and may then require documentation from a physician, psychiatrist or other qualified healthcare professional stating that the animal provides support that alleviates a symptom or effect of the disability. What is being tested is a link, a demonstrable relationship between the disability and what the animal does, rather than any period of treatment. Utah sets no rule about online certificates or registries of any kind, no annual re-check, no required form, no records rule, no vaccination rule and no deadline for a landlord's answer, and it places no duty and no penalty on the professional who writes the letter. A landlord may refuse where allowing the animal would be an undue financial or administrative burden or would fundamentally alter the nature of the housing, and where the particular animal is a direct threat, which the rule explains as an animal with a history of dangerous behavior or an animal out of control whose handler does not take effective action to control it. One wrinkle a careful reader should know: the statute's charge bar hangs on the words support animal, the rule's documentation standard hangs on the word assistance animals, the two are defined differently in different instruments, and nothing in Utah law joins them. |
| Charges for an assistance animal | No — a state bar on an extra charge reaches an emotional support animal on the face of the definition it hangs on; the bar is an express no-extra-charge clause, in a statute. An owner or lessor of private housing may not, in any manner, discriminate against an individual with a disability on the basis of the individual's possession of a service animal or a support animal, including by charging an extra fee or deposit for one; the owner may recover a reasonable cost to repair damage the animal causes (section 26B-6-803, subsection 1, paragraph (b)). Three things make this one of the broadest bars in the country. The words in any manner are not limited to money. The bar names an extra fee or a deposit, so it reaches a pet deposit, a non-refundable pet fee and recurring pet rent alike. And the category it protects, support animal, is defined as an animal that qualifies as a reasonable accommodation under federal law, so it reaches an animal kept for emotional support by its own terms rather than by argument. The result is a state that puts no ceiling on what a landlord may charge for an ordinary pet and allows none at all for an assistance animal. The current shape dates from the 2023 recodification of this part; a landlord working from an older summary that allowed a reasonable deposit where a similar one was charged to others is reading law that no longer exists. The definition it hangs on: The bar names "a service animal or a support animal", and support animal "means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability" (section 26B-6-801, subsection 6), while the service-animal definition expressly excludes an animal used solely to provide emotional support, well-being, comfort or companionship (subsection 4). The administrative rule reaches the same result from its own side, defining assistance animals to include emotional support animals. So the bar reaches an animal kept for emotional support through the support-animal limb. Remedy: Charging the barred fee is itself an offense: any individual, or agent of any individual, who denies or interferes with the rights the chapter provides is guilty of a class C misdemeanor (section 26B-6-805, subsection 1). A refusal to accommodate under the Fair Housing Act is pursued through that act's own machinery. |
| Damage caused by an assistance animal | The tenant is liable for damage the animal causes like any other tenant, by express words. Preserved twice. The owner or lessor may recover a reasonable cost to repair damage caused by a service animal or a support animal (section 26B-6-803, subsection 1, paragraph (b), clause (ii)), and the person accompanied by the animal is liable for any loss or damage the animal causes or inflicts to the premises (subsection 3). In an ordinary tenancy the deposit answers for damages to the premises beyond reasonable wear and tear in the usual way (section 57-17-3, subsection 1). Utah's general dog-injury statute binds the owner or keeper of the dog rather than the landlord and is a separate question. |
| Misrepresenting an assistance animal | An offense or sanction that reaches a misrepresentation made to obtain housing: a misdemeanor and a felony, reaching the person claiming the animal, a person who lies to a provider to obtain documentation, and a landlord who denies or interferes with the right. Utah's offense sits in the same part as the housing right and the charge bar, so it reaches housing without any argument about venue, and it runs in both directions. A person commits a class C misdemeanor by intentionally and knowingly falsely representing to another person that an animal is a service animal or a support animal, by knowingly and intentionally misrepresenting a material fact to a health care provider in order to obtain the documentation needed to designate an animal as a service or support animal, or, if not a person with a disability, by using an animal to gain treatment or benefits provided only for a person with a disability (section 26B-6-805, subsection 2). The same class of offense catches a landlord or anyone else who denies or interferes with the rights the chapter gives (subsection 1). No warning is required first, and no licensing consequence reaches the professional who writes a letter. The section also preserves the rest of the criminal law and names the forgery section by number, and forgery in Utah is a third degree felony, so fabricating a clinician's letter is a far more serious matter than the misdemeanor above; signing one's own name to a writing made without authority on another's behalf is no defense. The landlord-side offense: Any individual, or agent of any individual, who denies or interferes with the rights provided in the chapter is guilty of a class C misdemeanor (section 26B-6-805, subsection 1). So a landlord who charges the fee the chapter forbids commits an offense, which few states provide for. Who enforces it: Prosecuted as ordinary offenses. An agent of a federally designated protection and advocacy agency, acting in a professional capacity, is not criminally liable under the misrepresentation subsection (section 26B-6-805, subsection 4), which is a rare carve-out for testing. |
| Can cities add their own rules | In part — state law preempts the kinds of local rule named as barred, and any power named is one state law grants. Utah preempts local pet rules in housing three separate ways, and between them there is very little room left. Local rules on rents or fees for private residential property are barred without express legislative approval, which reaches a municipal cap on a pet fee, a pet deposit or pet rent. Local measures relating to the prohibition of housing discrimination are superseded and preempted by the state fair-housing act, which closes off a local assistance-animal ordinance. And a municipal breed-specific dog ordinance is both barred and void, though counties are not named and a landlord's own breed clause is untouched. Two other provisions are often quoted here and neither is a pet rule: the habitability chapter's consistency test, which stops a county or municipality adopting an ordinance inconsistent with that chapter, is silent about animals because the chapter is; and the mobile-home-park chapter both lets a locality mediate and enforce the state park statutes and bars a local ordinance governing park closure. No Utah locality has a pet-in-housing ordinance, and under these sections none lawfully could. Local deposit or fee rules barred: A county, city or town may not enact an ordinance or resolution that would control rents or fees on private residential property unless it has the express approval of the Legislature (section 57-20-1, subsection 1). The word fees is what makes this reach pets: a local cap on a pet fee, a pet deposit or pet rent is preempted on the face of the section, which is broader than the rent-only preemptions several other states have. Zoning, building and planning authority is unaffected. Text: Utah Code § 57-20-1 · (1), (2). Another express preemption: The Utah Fair Housing Act supersedes and preempts any ordinance, regulation, standard or other legal action by a local government entity, a state entity or the governing body of a political subdivision that relates to the prohibition of discrimination in housing (section 57-21-2.5, subsection 1). A Utah city therefore cannot write its own assistance-animal-in-housing ordinance. Text: Utah Code § 57-21-2.5 · (1), (2). Breed-specific local animal-control rules barred: A municipality may not adopt or enforce a breed-specific rule, regulation, policy or ordinance regarding dogs, and any such measure is void (section 18-2-101). The section binds municipalities and does not name counties, and it reaches the ordinance rather than a landlord's lease term. The municipal power to license, tax, regulate or prohibit the keeping of dogs is expressly made subject to it. Text: Utah Code § 18-2-101 · (1), (2). |
| Housing classes with their own pet rule | Mobile home park lots under the Mobile Home Park Residency Act: pet rent and fees — allowed, no cap; a prescribed term or form must carry the pet terms. A park lease must carry its pet charges, because the Act names them. Fees means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits (section 57-16-3, subsection 3), and each lease must contain at least a full disclosure of all rent, service charges and other fees presently being charged on a periodic basis, along with all park rules that, if broken, may be grounds for eviction (section 57-16-4, subsection 3). No amount is set, so a park pet charge has no ceiling, but an increase in rent or fees for a periodic tenancy is unenforceable until sixty days after notice of it is mailed to the resident (subsection 4). Park rules may cover health, safety, conduct and upkeep but may not be unconscionable, take effect only after sixty, ninety or one hundred twenty days depending on the exterior cost they impose, and a resident meeting must be scheduled within thirty days of a proposed rule amendment (section 57-16-7, subsection 1). Entrance, exit and installation fees are barred outright (subsection 3). None of this is the private-market rule. Text: Utah Code § 57-16-3 · (3). Text: Utah Code § 57-16-4 · (3)(c)(i), (3)(e), (4)(a). Text: Utah Code § 57-16-7 · (1), (3). |
| Insurance and dog breeds | No statute restricts an insurer's use of dog breed in underwriting |
| How state law refers to the federal rules | Utah's own text points at federal law in four places, and one of them moves with it. Disability has the same meaning as in the federal disability statute and in its implementing regulation, both expressly as they may be amended in the future (section 26B-6-801, subsection 1). Support animal, the category the charge bar protects alongside a service animal, means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability (subsection 6), so the reach of Utah's own charge bar tracks what federal law treats as a reasonable accommodation. The access right is qualified by whether the animal is a danger or nuisance to others as that is interpreted under the federal disability statute, and the section preserves any exclusion federal law permits (section 26B-6-803, subsections 1 and 4). The state fair-housing rule names the federal Fair Housing Act alongside the state act as setting the standards for assistance animals in housing. Elsewhere in the same instruments the state adopts federal protection-and-advocacy statutes for the testing exemption, the 1988 federal amendments' regulations and the federal definition of housing for older persons. No Utah statute or rule incorporates any HUD notice, and the words used are federal law rather than any agency document; the federal section of the 50-state page carries the status of the federal instruments. |
| Changes already signed into law | No signed act is waiting to change these answers |
| Leading court decisions | None carried — the answers rest on the statutes and rules cited |
Cite this page: "Landlord Atlas, Utah Pet & Assistance Animal Laws (verified September 21, 2026), landlordatlas.com/laws/pets/utah/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Utah assistance-animal documentation at a glance
Each row is what the state's own statute or rule says about that slot; a row that reads not stated is a slot no state text addresses. The full text of each slot, with its section, is in the table above.
| Slot | What the state's text says |
|---|---|
| Who may certify, and on what test | A licensed or qualified professional must certify. |
| The certifier's minimum relationship period | A qualitative test, no day count |
| Telehealth | Not stated |
| Online registration or certificate | Not stated |
| Form | Not stated |
| Medical records | Not stated |
| Written answer from the landlord | Not stated |
| Annual re-evaluation | Not stated |
| Proof of vaccination or licensing | Not stated |
Housing classes in Utah with their own pet rule
Each row is a housing class whose own instrument sets at least one pet cell differently from the private-market answers above; a dash is a cell the class's instrument does not set, so the residential answer on this page does not carry over to it either way. The full text of each row is in the table above.
| Class | Pet deposit | Pet rent and fees | In the lease | Breed, size, weight | Extra charge for an assistance animal | From |
|---|---|---|---|---|---|---|
| Mobile home park lots under the Mobile Home Park Residency Act | — | Allowed, no cap | Prescribed term or form | — | — | — |
Federal law on pets and assistance animals, in every state
The federal layer for the pets and assistance-animals topic, carried once for the whole site. It is a dated history rather than a single rule: the Fair Housing Act's accommodation duty has not changed since 1988 and the regulation under it has never contained the word animal, while the HUD guidance that most writing on this subject still quotes was withdrawn in September 2025, permanently rescinded in May 2026, and replaced by an enforcement position that governs HUD's own cause determinations and nothing else. Every row names who it binds, and most of the rows that carry real figures bind only federally assisted, public or rural-development housing. No state record restates these rows; a state record says only where its own law references or extends them. Each row below says who it binds before it says what it does. The full text of each row, with its citations, is on the 50-state page.
- Every housing provider the Fair Housing Act covers: Fair Housing Act: the reasonable-accommodation duty and who it reaches (in force).
- Every housing provider the Fair Housing Act covers: HUD's reasonable-accommodation regulation, and the absence of any animal rule in it (in force).
- Every housing provider the Fair Housing Act covers: Charging for an assistance animal: the two general clauses the question runs through (in force).
- No one — withdrawn guidance: HUD's 2013 service and assistance animals notice: withdrawn September 17, 2025 (withdrawn).
- No one — rescinded guidance: HUD's 2020 assistance animals notice: withdrawn September 17, 2025 and permanently rescinded May 22, 2026 (rescinded).
- No one — it states HUD's own enforcement position and binds no landlord or tenant: HUD's May 22, 2026 enforcement memorandum: what HUD will and will not pursue (an enforcement position, not law).
- No one — no rule has been proposed: The rulemaking the May 2026 memorandum promises: not proposed (not proposed).
- Public entities and public accommodations, not housing providers as such: The Americans with Disabilities Act definition of a service animal, which HUD now borrows in part (in force).
- Owners of federally assisted rental housing for the elderly or for persons with disabilities: Pets in federally assisted housing for the elderly or persons with disabilities (in force).
- Public housing agencies: Pets in public housing that is not designated for the elderly or persons with disabilities (in force).
- Recipients of federal financial assistance for housing: Section 504: HUD-funded housing and the duty to modify housing policies (in force).
- Owners of Rural Development multifamily housing: Rural Development multifamily housing: a pet deposit cap and no deposit for an assistance animal (in force).
- The parties to the case: United States v. Five Properties, LLC: the open federal case on an emotional support animal (litigation).
- The parties to the case: Henderson v. Five Properties, LLC: the closed private case, and how far it reaches (litigation).
- No one — no such federal duty exists: Breed, size and weight limits on an assistance animal: no federal rule either way.
Notes and caveats
- No cap on a pet deposit, and none on any deposit — Utah sets no ceiling on a security deposit of any kind, so there is no cap for a pet deposit to sit inside or on top of. What the deposit chapter gives a renter is a return-or-explain duty, limited deductions, a thirty-day clock and a notice-and-cure procedure before any penalty.
- A pet fee may be non-refundable — Any part of a deposit may be made non-refundable, but only if there is a written agreement and the landlord states it in writing at the time the deposit is taken. Both conditions are required, and nothing limits the amount.
- The one hundred dollar penalty is not automatic — Missing the thirty-day deadline costs the landlord nothing by itself. The renter must first serve the tenant's notice the statute prints, the owner then has five business days to comply, and a renter who skips the notice gets no relief. Costs and fees need a finding of bad faith. The security-deposits page carries the full procedure.
- Nothing extra may be charged for a service or support animal — An owner or lessor of private housing may not charge an extra fee or deposit for a service animal or a support animal, and support animal is defined by what federal law treats as a reasonable accommodation, so an animal kept for emotional support is covered. The landlord may still recover a reasonable cost to repair damage the animal causes.
- An old rule is still widely quoted — Several widely used summaries still say a Utah landlord may charge a reasonable deposit for an assistance animal where a similar deposit is charged to others. That was the law under a repealed section. Since the 2023 recodification the charge bar is absolute, and charging anyway is an offense.
- Documentation — A landlord may verify the disability and the need for the animal only where one or the other is not readily apparent, and may then ask for documentation from a physician, psychiatrist or other qualified healthcare professional. Utah sets no form, no renewal, no treating-relationship period and no rule about online certificates, and places no duty on the professional who writes the letter.
- Who is bound by which rule — The charge bar binds every private landlord with no exemption. The accommodation duty and the documentation rule come from the state fair-housing act, which exempts some small owners, including the rental of a room in an owner-occupied building of four families or fewer. In such a building the charge bar still applies.
- No duty to state a pet policy — No Utah statute requires a residential lease to address pets, supplies a default when it is silent, limits the number of pets or governs a pet rule adopted mid-tenancy; Utah has no residential rules-and-regulations section at all. The lease-disclosures page carries the lease-content rules.
- Breed, size and weight — Utah law does not reach a landlord's breed, size or weight rule. It does void a municipal breed-specific dog ordinance, but that binds municipalities rather than counties and it voids the ordinance, not a lease term.
- Mobile home park lots — A park lease must disclose every pet charge, because the Act counts charges for pets as fees, and an increase is unenforceable until sixty days after notice is mailed. No amount is set. The manufactured-home page carries the park's other rules.
- Faking an assistance animal, and forging the letter — Falsely representing an animal as a service or support animal, lying to a health care provider to get the documentation, or using an animal to gain benefits meant for a person with a disability, are each a class C misdemeanor, with no warning required first. Forging a clinician's letter is a third degree felony under the forgery section the assistance-animal section names.
- Cities cannot add their own pet rules — A locality may not cap rents or fees on private residential property without the Legislature's express approval, may not legislate on housing discrimination, and may not have a breed-specific dog ordinance. There is no Utah city pet-in-housing ordinance for the locality pages to carry.
- Insurance — Utah has no statute restricting an insurer from underwriting on a dog's breed. Nothing in the insurance title mentions breed at all.
- Federal rules — The Fair Housing Act, the federal regulations and the rules for assisted and public housing are on the federal section of the 50-state page. They matter more in Utah than in most states, because the category its charge bar protects is defined as an animal that qualifies as a reasonable accommodation under federal law, so the state line moves when the federal one does.
- Two cross-references worth knowing about — The access section gives a handler of an animal in training the same rights but defines that animal by pointing at a municipal provision about law-enforcement dogs, which does not fit. The fair-housing rule still points readers at a title of the Utah Code that was superseded in 2023. Neither changes any answer above.
- Legislation — Nothing affecting these answers is pending. The Legislature adjourned on March 6, 2026 without carryover. The one 2026 act on service animals, in force since May 6, 2026, requires a state division to publish contact details for the protection and advocacy agency and does not touch housing.
Common questions: Utah pets & assistance animals
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Can a landlord charge a pet deposit in Utah, and is there a limit?
- Yes, with no statutory limit. No Utah statute mentions a pet deposit, and Utah caps no deposit of any kind, so there is no ceiling for one to sit inside or on top of.
- Can a landlord charge pet rent or a non-refundable pet fee in Utah?
- Yes — pet rent or a pet fee may be charged, and no statute caps it. Utah permits a one-time non-refundable pet fee by its general route, and leaves pet rent alone entirely.
- Does a Utah lease have to state a pet policy?
- No — no statute requires a lease to state a pet policy, and no written-rules provision governs one. No Utah statute requires a residential lease to state a pet policy, supplies a default when the lease is silent, limits the number of pets, or governs a pet rule adopted during a tenancy.
- Can a Utah landlord restrict pets by breed, size or weight?
- Yes. Utah law says nothing about a landlord's breed, size or weight rule.
- Does Utah have its own assistance-animal law for rentals?
- Yes — a state statute or rule sets what a landlord may request or what a certifier must meet for an assistance animal in housing. Both a statute and an administrative rule under it speak to it.
- What documentation can a Utah landlord ask for when a tenant requests an assistance animal?
- A housing provider is entitled to verify the existence of the individual's disability and the need for the assistance animal as an accommodation for that disability, but only if either of those is not readily apparent (rule R608-1-17, part A, paragraph 2a). Where both are apparent, the rule gives no entitlement to verification.
- Can a Utah landlord charge a pet deposit or pet rent for an emotional support animal?
- No — a state bar on an extra charge reaches an emotional support animal on the face of the definition it hangs on; the bar is an express no-extra-charge clause, in a statute. An owner or lessor of private housing may not, in any manner, discriminate against an individual with a disability on the basis of the individual's possession of a service animal or a support animal, including by charging an extra fee or deposit for one; the owner may recover a reasonable cost to repair damage the animal causes (section 26B-6-803, subsection 1, paragraph (b)).
- What is the penalty for falsely claiming an assistance animal in Utah?
- An offense or sanction that reaches a misrepresentation made to obtain housing: a misdemeanor and a felony, reaching the person claiming the animal, a person who lies to a provider to obtain documentation, and a landlord who denies or interferes with the right. Utah's offense sits in the same part as the housing right and the charge bar, so it reaches housing without any argument about venue, and it runs in both directions.
Citations
- Utah Code § 57-17-1 (verified 2026) Official source
- Utah Code § 57-17-2 (verified 2026) Official source
- Utah Code § 57-17-3 · (1), (2), (3), (5) (verified 2026) Official source
- Utah Code § 57-17-5 · (1), (2), (3) (verified 2026) Official source
- Utah Code § 26B-6-801 · (1), (4), (6) (verified 2026) Official source
- Utah Code § 26B-6-802 · (4)(a), (4)(b), (4)(c) (verified 2026) Official source
- Utah Code § 26B-6-803 · (1)(a), (1)(b), (2), (3), (4) (verified 2026) Official source
- Utah Code § 26B-6-805 · (1), (2), (3), (4) (verified 2026) Official source
- Utah Code § 57-21-3 · (1), (2), (3), (4), (5), (7), (8) (verified 2026) Official source
- Utah Code § 57-21-4 · (2)(a), (2)(b) (verified 2026) Official source
- Utah Code § 57-21-5 · (1), (4)(a), (4)(b) (verified 2026) Official source
- Utah Code § 57-21-2.5 · (1), (2) (verified 2026) Official source
- Utah Code § 57-20-1 · (1), (2) (verified 2026) Official source
- Utah Code § 18-2-101 · (1), (2) (verified 2026) Official source
- Utah Code § 10-8-65 · (1), (2)(a), (2)(b) (verified 2026) Official source
- Utah Code § 57-16-3 · (3) (verified 2026) Official source
- Utah Code § 57-16-4 · (3), (4)(a) (verified 2026) Official source
- Utah Code § 57-16-7 · (1), (3) (verified 2026) Official source
- Utah Code § 57-22-7 · (1), (2) (verified 2026) Official source
- Utah Code § 76-6-501 · (2), (3), (4) (verified 2026) Official source
- Utah Admin. Code R608-1-17 (Utah Fair Housing Rules, Assistance Animals) · A.1, A.2, A.2.a, A.2.b, A.2.c, B.1, B.2 (verified 2026) Official source
How this record was verified: Direct reading of the Utah Code on the Legislature's own site, which prints no code-wide edition banner, so currency was taken per section from each section's own effective-date stamp and history line, both quoted for every operative section. Whole chapters read: title 26B chapter 6 part 8 (all 21 sections), 57-16 (all 19), 57-17 (all 5), 57-20 (its single section), 57-21 (all 17), 57-22 (all 8), 18-2 (its single section), 10-8, 78B-3 part 7, and the forgery section 76-6-501. Twelve code-wide phrase searches run on the Legislature's own search service, with every count recorded. The Utah Administrative Code searched on the Office of Administrative Rules' own service for service animal, support animal, assistance animal and pet deposit, and rule R608-1, the Utah Fair Housing Rules, read in full, its face lines recording a date of last change of November 21, 2011 and a notice of continuation of January 8, 2026. Two enrolled acts read: Senate Bill 1009 of the 2025 first special session, chapter 16, which turned out to be a county-recodification act whose only change to the definitions section was to strike two cross-reference phrases, leaving the service-animal and support-animal definitions untouched; and House Bill 23 of 2026, chapter 41, in force May 6, 2026, which adds a publication duty on a state division and does not touch housing. Both self-timestamped rolls of passed bills swept by title, 542 rows for the 2026 general session and 19 for the 2025 first special session. Both state appellate opinion pages read; they carry the current year only, and the shared opinion-archive account reached its daily limit before the state's case search could be completed, so the case search is partial and nothing is claimed as a decided Utah holding.
What was read to state each absence on this page:
- The landlord-tenant chapter: Title 57 chapter 17, the Residential Renters' Deposits chapter, read whole, all five sections; it contains no animal or pet word at all. Title 57 chapter 22, the Fit Premises Act, read whole, all eight sections; it contains no animal, dog or breed word and no charge provision, and the twenty-six apparent pet strings are all inside competent and perpetrate. Title 57 chapter 16, the Mobile Home Park Residency Act, read whole, all nineteen sections, which is where charges for pets are named. Title 57 chapter 20, a single section, read whole.
- The civil-rights, fair-housing or disability-rights title: Title 57 chapter 21, the Utah Fair Housing Act, read whole, all seventeen sections: it contains no animal, dog or breed word, and its contribution is the reasonable-accommodation duty and the exemptions. Title 26B chapter 6 part 8 read whole, all twenty-one sections, of which the sterilization sections and the White Cane Safety Day proclamation were read and set aside; the four that carry values are the housing right, the access and charge section, the state-employment policy and the offenses.
- Health, professional-licensing and criminal titles: No professional-licensing title carries a duty on the professional who writes an assistance-animal letter, and the code-wide counts show why there is nowhere for one to hide: support animal appears in four documents in the whole Utah Code, assistance animal in one, which is a part heading in the damages title, and emotional support in eight, of which the only animal use is the exclusion inside the service-animal definition. In the criminal code, the forgery section was read whole, and the only animal offenses in that title are the dog-fighting sections; there is no separate false-service-animal offense, because Utah put its offense in the disability-rights part instead.
- Administrative code: The Utah Administrative Code searched on the Office of Administrative Rules' own service for service animal (eleven rules), support animal (five), assistance animal (one) and pet deposit (none). Rule R608-1, the Utah Fair Housing Rules, was read in full; its assistance-animal section is Utah's only documentation standard, and its face lines record a date of last change of November 21, 2011 and a notice of continuation of January 8, 2026. The other ten rules containing service animal were identified as food-service, swimming-pool, lodging, tanning, body-art and cosmetology sanitation rules and a state-parks closure rule, none of them a housing rule. One defect is recorded rather than resolved: the rule still points readers to a title of the Utah Code that the 2023 recodification superseded, because a continuation is not a review.
- Local-government and animal-control titles: Title 18 chapter 2 read whole, which is a single section. Title 57 chapter 20 read whole, also a single section. The fair-housing preemption section and the habitability chapter's consistency test read in full, together with the municipal powers over dogs, the municipal cruelty power, the dog-fighting power, and the two mobile-home-park provisions on local mediation and on park closure. No Utah provision grants a locality power over pets in housing.
- The terms searched and where: Twelve phrase searches run across the whole Utah Code on the Legislature's own search service, with each count recorded: pet deposit returns nothing, pet rent nothing, pet fee nothing, support animal four documents, assistance animal one, emotional support eight, breed thirteen, breed of dog nothing, dog forty-eight, rent control one, controlling rents one, rents or fees two. Each of the thirteen breed documents was identified: breeder licensing, livestock and brands, horse racing, mosquito and vector abatement, the municipal breed-specific bar, and agriculture, with none in the real-estate title and none in the insurance title. The additional terms cat, guide dog, service dog, companion and reasonable accommodation were run as well. Separately, four terms were run across the Utah Administrative Code. The chapters themselves were read whole rather than searched, which is what supports the negatives on lease content, mid-term changes and breed.