Is it mandatory for landlords to allow assistance dogs or companion animals? Learn about the accommodations needed for assistance dogs and emotional support animals, as well as the exclusions.
What you will discover:
Is it legal for landlords to request service dog papers?
Can a landlord charge a service animal pet rent?
Who is not required to provide reasonable accommodations under the Fair Housing Act?
What is the difference between assistance dogs, companion animals, and therapy dogs?
Can landlords impose breed limitations?
Disputations regarding “fake” emotional support animals
Pet regulations are often enforced by landlords and property managers for the homes they rent. However, Fair Housing Laws may oblige property owners to provide appropriate accommodations for handicapped residents, including service animals. Because a service animal is not considered a “pet,” it is not subject to typical pet restrictions.
Table of Contents
Is it legal for landlords to request service dog papers?
Both yes and no. They have the right to demand confirmation that the service animal has been “prescribed” by a medical specialist. This applies to any form of handicap. In most circumstances, the tenant will supply a doctor’s statement declaring that they have a handicap that necessitates the use of a service animal. Tenants who want accommodations for an emotional support animal may be required to present a note from their therapist or mental health care practitioner. Landlords, on the other hand, are not permitted to enquire about the tenant’s precise condition or diagnosis. Medical information is confidential.
Can a landlord charge a service animal pet rent?
They cannot, of course. They are also not permitted to charge a pet deposit. They may charge a fair fee for property damage caused by the animal. They may also take action to remove an animal that has not been properly trained, is annoying other residents, is violent or destructive, or is causing damage. If you are a property management, checking with a lawyer who specializes in tenant laws in your region to ensure you follow the right processes for evicting a service animal may be beneficial.
Who is not required to provide reasonable accommodations under the Fair Housing Act?
Not all landlords must provide “reasonable accommodations” for tenants with impairments. While landlords may opt to offer accommodations for handicapped renters, they are typically not obligated to do so if:
They rent four or fewer flats and reside in one of them. For example, if they own a tri-plex and reside in one unit while renting out the other two, they are normally exempt from providing accommodations.
They are renting a single-family house without the assistance of a realtor. They are not required to make accommodations if they are leasing a few single-family houses and do not utilize a real estate broker or agency.
They are the owner of a hotel or motel. Because hotels and motels are not considered residences or homes, they are not normally compelled to accommodate. However, if you are an owner who offers long-term renting choices, you should contact with a lawyer to determine whether the legislation applies to you.
Clubs for the wealthy. They are not required to offer lodgings if they run a private club that is not open to the general public.
What is the difference between assistance dogs, companion animals, and therapy dogs?
It is critical to understand the distinctions between various types of assistance animals. Service dogs (and, in certain situations, miniature horses) are often thought of as service animals. These service animals provide assistance to persons with physical or mental problems, such as those who are blind, deaf, or have other difficulties. Companion or emotional support animals help people who are suffering from mental or emotional disorders such as sadness or anxiety. Therapy animals are those that are brought to nursing homes or hospitals to help residents or patients.
One of the most significant distinctions between service dogs and other forms of support animals is that service dogs must undergo thorough one to two years of service animal training. Because service animals are well-trained, landlords seldom have problems with them. Training is not necessary for emotional support (or companion) animals. In most cases, however, you cannot reject rental to persons who need emotional support animals. Therapy animals are often not included since they give assistance to others as a service rather than necessary for the renter.
Can landlords impose breed limitations?
They cannot, of course. Many municipal rental regulations currently prohibit landlords from discriminating based on race. Service dogs of any size or breed are welcome. A property management who has a 30-pound dog weight limit cannot apply that limitation to service dogs.
Disputations regarding “fake” emotional support animals
“Fake” support animals have recently made headlines. Because company owners or employees (of restaurants or retail establishments) are not permitted to request an animal’s papers, some dishonest persons have taken advantage of this loophole to bring their dogs into companies with or without false service animal vests. Property managers, unlike restaurant owners, may request a note from the renter’s doctor or therapist. They may also confirm that they wrote the letter by contacting the medical practitioner. Again, they cannot ask explicit questions regarding their impairment, and they should not ask inquiries in a discriminating manner.
