Key Takeaways
- Service Animals are not Considered Pets: Landlords cannot enforce pet policies, charge pet fees, or impose breed and weight restrictions on them.
- Reasonable Accommodations: Tenants with disabilities who require service or emotional support animals, as protected under the ADA and Fair Housing Act.
- Privacy Matters: Landlords can request documentation confirming the need for the animal but cannot ask for specific medical details.
As a rental property owner, you have the right to set your own pet policies, but what happens when a tenant requests that you make an exception for their service animal? This situation can be tricky, as the rules regarding service animals and the responsibilities of landlords can be unclear.
To ensure that you’re handling these requests properly, it’s important to understand both federal and local laws regarding service animals. Educating yourself on these laws will help you avoid any potential issues with discrimination and allow you to navigate requests more effectively.
Landlords must allow service animals in their rental properties if a tenant qualifies for reasonable accommodation and has a verifiable need for an assistance animal. In simple terms, if the tenant has a legitimate disability and requires the service animal, you must accommodate them.
Here are the key guidelines, from East Bay Property Management, to help property owners and managers understand their responsibilities regarding service animals.
Key Factors Regarding Service Animals
Service animals are not considered pets, which means they are not subject to typical pet policies. This distinction is essential because a landlord’s pet policy does not apply to service animals.
For example, you cannot charge a pet fee or collect a pet deposit for tenants with service animals since these animals are not considered pets.
Additionally, landlords cannot impose breed restrictions or weight limits on service animals. However, it’s essential to note that landlords can request verification from the tenant’s healthcare provider to confirm that the tenant has a disability and that the service animal is necessary.
Furthermore, landlords can take action if an assistance animal is disruptive to other tenants or causes damage to the property. Warnings can be issued, and if the situation doesn’t improve, an eviction could be an option.
Landlords can also charge for any property damage caused by the animal, and they have the right to request health records to ensure the animal is healthy, parasite-free, and up-to-date on vaccinations.
It’s also important to note that landlords should not ask for specifics regarding the tenant’s disability, but they are entitled to know if the service animal is medically necessary.
Legal Protections for Tenants With Service Animals
Tenants are legally protected under the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) when it comes to assistance animals, including service animals and emotional support animals.
These laws mandate that landlords have to give reasonable accommodations for short and long term tenants with disabilities, which on some occasions include permitting a service or emotional support animal on the property.
Under the FHA and ADA, a tenant qualifies for reasonable accommodation if they have a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, working, or cleaning.
In many cases, a tenant can also request an emotional support animal (ESA) to help manage symptoms of conditions like anxiety, depression, or PTSD.
However, landlords must balance their responsibility to accommodate these tenants with their ability to protect the property and maintain order. This can create a situation where landlords need to carefully evaluate each request and determine whether it qualifies as a reasonable accommodation under the law.
One key aspect is the limitation on the amount of information a landlord can request regarding a tenant’s disability. While the landlord may request verification of the tenant’s disability and the need for an assistance animal, they cannot ask for detailed information about the tenant’s condition.
Types of Assistance Animals
Landlords often encounter two primary types of assistance animals: service animals and companion animals. It’s important to distinguish between the two because they are treated differently under the law.
Service Animals
Under the ADA, a service animal is a dog trained to perform specific tasks related to a person’s disability, such as alerting a diabetic individual to low blood sugar or assisting with mobility. These animals are highly trained and typically well-behaved.
Service animals are usually certified, and tenants may have documentation to verify their status. Unlike companion animals, service animals are allowed in all public areas, including places where pets are typically restricted, like restaurants or stores.
Companion Animals
Companion animals, such as emotional support animals (ESA), provide comfort without specialized training and help tenants with conditions like anxiety or depression. They are not covered by the ADA like service animals, but they are protected under the Fair Housing Act.
Landlords must accommodate tenants with companion animals if the tenant can demonstrate a legitimate need for the animal, in line with the Fair Housing Act’s requirements.
The Landlords’ Responsibility
While the ADA treats companion animals differently than service animals, the Fair Housing Act mandates that landlords provide reasonable accommodation for both types of assistance animals.
This means that landlords must allow these animals on their properties if the tenant qualifies under the conditions outlined above.
In some cases, particularly with companion animals, state and local laws may differ, and landlords may only be required to allow these animals within the rental unit, but not in communal areas like a building’s pool or fitness center.
It’s essential to understand the laws in your state or municipality and consult with a legal professional to ensure that you’re fully complying with all regulations.
Bottom Line
Service and companion animals are vital for many tenants with disabilities, and landlords must accommodate these animals when requested. Understanding the legal requirements will help you manage these requests and avoid potential legal issues. If unsure, consulting a legal professional is advised.
By following HUD guidelines and local laws, you can create a welcoming environment for tenants with assistance animals while ensuring your rental policies are fair and legally compliant.
If you’re a landlord seeking guidance on service animal policies or property management, we’re here to assist. Contact Home Choice property Management, today to stay compliant with the latest laws and create the best environment for your tenants.
