Key Takeaways
- Service animals are not considered pets and are protected under federal law, regardless of your no-pet policy.
- Emotional support animals also have legal protections when tenants.
- As a landlord, you can still request paperwork, set behavior expectations, and protect your property.
As a rental property owner, you have every right to create and enforce your own pet policies. However, what happens when a tenant or prospective tenant requests to keep a service animal on your property, despite your no-pet policy?
At State Property Management, we understand how confusing and legally sensitive this issue can be. Many landlords find themselves unsure of their rights and obligations, particularly when it comes to distinguishing pets from assistance animals.
This uncertainty can lead to unintentional violations of federal and state laws, or, just as seriously, claims of discrimination.
To help property owners navigate this complex topic, we’ve put together a comprehensive guide on service animals, assistance animals, and your legal responsibilities under the law.
Need help navigating the rules around service animals and assistance animals? (407) 634-2800 Contact Us
Understanding the Basics: Pets vs. Service Animals
The most important distinction to make at the outset is this: service animals are not pets. Therefore, a tenant’s service animal is not subject to your standard pet policy. That means:
- You cannot charge a pet deposit or fee for a service animal.
- You cannot enforce breed or weight restrictions.
- You must allow the service animal in all areas of the property that the tenant is allowed to access.
This distinction is not just a matter of courtesy, it’s the law.
Both the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) mandate that tenants with qualifying disabilities are entitled to “reasonable accommodations,” which can include keeping a service animal on the premises.
What Qualifies as a Service Animal?
According to the ADA, a service animal is a dog (and, in some cases, a miniature horse) that has been individually trained to perform specific tasks for an individual with a disability. These tasks must be directly related to the person’s impairment.
Examples include:
- An animal trained to detect low blood sugar in a diabetic.
- An animal trained to remind a person with depression to take medication.
- An animal that can detect an oncoming seizure and help its owner remain safe during the episode.
Because service animals are highly trained, they tend to be well-behaved, controlled, and unlikely to cause damage to the property.
What About Emotional Support Animals?
Emotional support animals (ESAs), also referred to as companion animals, are different from service animals in that they are not trained to perform specific tasks.
Instead, their presence alone provides therapeutic benefits to individuals suffering from mental or emotional disabilities such as anxiety, PTSD, or depression.
Unlike service animals, ESAs:
- Do not need to be trained.
- They are not recognized under the ADA as service animals.
- They are still protected under the Fair Housing Act when a tenant qualifies for reasonable accommodation.
Legal Protections for Tenants with Assistance Animals
So, when are you, as a landlord, required to accept a service animal or ESA on your property? Under HUD and the Fair Housing Act, you must grant reasonable accommodation if:
- The tenant has a verifiable physical or mental disability that substantially limits one or more major life activities (such as walking, seeing, working, etc.).
- The tenant provides documentation from a qualified health professional stating that the animal is medically necessary for their condition.
Importantly, landlords cannot ask for details about the tenant’s condition, only verification that they have a disability and that the animal assists with it. You may, however, request:
- Written documentation from a licensed healthcare provider.
- Proof that the animal is up to date on vaccinations and free of parasites.
- Payment for any actual damage caused by the animal during the tenancy.
You cannot:
- Charge a pet fee or deposit for the animal.
- Refuse to rent solely because of the animal’s breed or size.
- Deny housing based on personal opinions about animals or assumptions about disabilities.
Handling Misuse or Concerns
Unfortunately, there are occasional instances of tenants attempting to exploit the system by falsely claiming their pet is a service or emotional support animal. Fortunately, landlords are not without protection. You are within your rights to:
- Enforce lease rules for noise, sanitation, and behavior.
- Issue warnings or initiate eviction proceedings if the animal poses a threat, causes significant damage, or disrupts other tenants’ enjoyment of the property.
Just remember: these actions must be based on actual events, not assumptions or stereotypes.
What if You Receive a Request for Accommodation?
If a tenant or applicant approaches you requesting an exception to your pet policy due to an assistance animal, here's what you should do:
- Remain neutral and professional. Don’t deny or approve on the spot.
- Request appropriate documentation. This includes a letter from a healthcare provider and proof of vaccinations.
- Consult with legal counsel or a professional property management professional like State Property Management to ensure you comply with federal, state, and local laws.
Respond in writing once you’ve reviewed the information and decided.
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State Laws May Vary
While HUD and the FHA provide national guidelines, some states have additional rules regarding assistance animals, especially ESAs. For example, in some states, ESAs may only be allowed inside the tenant’s unit and not in communal areas like the pool, gym, or clubhouse.
For this reason, it’s crucial to familiarize yourself with local laws or work with a property management company that can help you navigate these complexities.
Final Thoughts
If you own a rental property, you likely have a pet policy in place. But when a tenant asks to keep a service or emotional support animal, the rules are different. Service animals are not considered pets and are protected under the ADA and the Fair Housing Act.
Emotional support animals also have protections under the Fair Housing Act. You cannot charge pet fees or apply breed restrictions, but you can ask for paperwork and ensure the animal follows your standard lease rules.
Understanding the difference helps you stay compliant while maintaining clear expectations.
For guidance you can count on, connect with the team at State Property Management. Contact us today to make sure your policies are on the right track.
Our experienced team is here to help you stay informed and confident in your rental policies. (407) 634-2800 Contact Us