In some countries, a landlord is permitted to ask a tenant for documentation verifying that their animal qualifies as a service animal. This request must be made in a non-discriminatory manner and the landlord cannot deny housing to the tenant based solely on the service animal. The documentation can include a statement from a healthcare professional confirming that the animal is necessary for the tenant’s disability, proof of training, or a photo ID for the service animal. The landlord cannot charge an extra fee or deposit for the service animal. Service animals are defined as dogs that are trained to perform specific tasks for people with disabilities. These tasks can include guiding people who are blind, alerting people who are deaf, pulling wheelchairs, or providing emotional support.
Defining Service Animals
A service animal is a dog that has been trained to perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability. Service animals can be used for a wide range of disabilities, including:
- Visual impairment
- Hearing impairment
- Mobility impairment
- Seizure disorders
- Post-traumatic stress disorder (PTSD)
- Autism spectrum disorder
Service animals are not considered pets. They are working animals that provide essential assistance to their handlers.
Landlord’s Rights and Responsibilities
Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals. This means that landlords cannot:
- Refuse to rent to a tenant with a service animal
- Charge a pet deposit or fee for a service animal
- Require a tenant to provide proof of the disability or the service animal’s training
- Evict a tenant because of a service animal
However, landlords may ask tenants with service animals to provide documentation from a healthcare professional stating that the animal is necessary for the tenant’s disability. The landlord may also ask the tenant to provide proof that the animal has been trained to perform specific tasks.
Tenant’s Rights and Responsibilities
Tenants with service animals have the right to live in their apartments with their animals without being discriminated against. However, tenants are responsible for keeping their animals under control and for cleaning up after them. Tenants must also make sure that their animals do not damage the landlord’s property.
Table: Landlord and Tenant Rights and Responsibilities
| Landlord’s Rights | Landlord’s Responsibilities | Tenant’s Rights | Tenant’s Responsibilities |
|—|—|—|—|
| Ask for documentation from a healthcare professional stating that the animal is necessary for the tenant’s disability | Make reasonable accommodations for tenants with disabilities, including allowing service animals | Live in their apartments with their animals without being discriminated against | Keep their animals under control and clean up after them |
| Ask for proof that the animal has been trained to perform specific tasks | Not refuse to rent to a tenant with a service animal | Not pay a pet deposit or fee for a service animal | Make sure that their animals do not damage the landlord’s property |
| Evict a tenant because of a service animal | Not charge a tenant a pet deposit or fee for a service animal | Not be required to provide proof of the disability or the service animal’s training | |
Disability-Related Inquiries
In order to determine whether an animal qualifies as a service animal, a landlord is permitted to make disability-related inquiries to a tenant. Questions may be asked about the individual’s disability, and they may also be asked to provide documentation from a health care provider attesting to the disability and the need for the service animal.
However, these inquiries must be made in a way that does not violate the Fair Housing Act (FHA). The FHA prohibits discrimination against individuals with disabilities in housing, including discrimination based on the use of a service animal.
Examples of Permissible Inquiries
- Asking a tenant whether they have a disability that substantially limits one or more major life activities
- Asking a tenant what tasks the service animal is trained to perform
- Requesting a letter from a health care provider confirming the disability and the need for the service animal
Examples of Impermissible Inquiries
- Asking a tenant about the specific nature of their disability
- Asking a tenant to demonstrate the service animal’s ability to perform tasks
- Requiring a tenant to provide a specific type of documentation, such as a doctor’s note
| Permissible | Impermissible |
|---|---|
| Asking a tenant whether they have a disability that substantially limits one or more major life activities | Asking a tenant about the specific nature of their disability |
| Asking a tenant what tasks the service animal is trained to perform | Asking a tenant to demonstrate the service animal’s ability to perform tasks |
| Requesting a letter from a health care provider confirming the disability and the need for the service animal | Requiring a tenant to provide a specific type of documentation, such as a doctor’s note |
What Landlords Can Ask About Service Animals
Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals. However, landlords are also allowed to ask certain questions about service animals to ensure that the animal is legitimate and necessary.
What Landlords Can’t Ask
Landlords cannot ask about the tenant’s disability or medical condition. They can only ask about the service animal.
What Landlords Can Ask
- The task the animal is trained to perform
- Proof that the animal is a service animal
- Proof of the animal’s vaccinations
- The size and weight of the animal
Landlords may also ask for a letter from the tenant’s doctor or therapist stating that the animal is necessary for the tenant’s disability.
What Landlords Can’t Do
- Charge a pet deposit or pet rent
- Restrict the animal from common areas
- Evict the tenant because of the service animal
Landlord Responsibilities
Landlords are responsible for making sure that their properties are accessible to people with disabilities. This includes providing accessible routes of travel, such as ramps and elevators, and making sure that common areas are accessible to people with service animals.
| Accommodation | Example |
|---|---|
| Accessible routes of travel | Ramps, elevators, and accessible doorways |
| Common areas | Accessible seating, tables, and restrooms |
| Modifications to policies | Allowing service animals in areas where pets are not normally allowed |
| Training and education | Providing training to staff on how to interact with service animals |
Documenting Disability
Landlords have a right to ask for proof of disability in order to verify the legitimacy of a service animal request. This is because service animals are not pets and their presence in a rental unit is a reasonable accommodation for tenants with disabilities.
There are a few different ways to document a disability, the most common is a letter from a medical professional. This letter should include the following information:
- Confirmation of the disability.
- The necessity of the service animal to mitigate the disability.
- The type of service the animal provides.
In addition to a medical professional’s letter, landlords may also request other documentation, such as:
- Vaccination records.
- Training certificates.
- Proof of ownership or registration.
Landlords are not allowed to ask for proof of the specific disability, as this would be a violation of the Fair Housing Act.
| Document | Purpose |
|---|---|
| Letter from a medical professional | Confirms the disability and the necessity of the service animal. |
| Vaccination records | Demonstrates that the service animal is up-to-date on its shots. |
| Training certificates | Verifies that the service animal has been trained to perform specific tasks. |
| Proof of ownership or registration | Establishes that the tenant is the owner or legal guardian of the service animal. |
And there you have it, folks! Now you know the ins and outs of when a landlord can and cannot ask for proof of a service animal. If you’re ever in doubt, don’t hesitate to reach out to an expert in fair housing law for guidance.
Thanks for reading, all you pet-loving apartment dwellers! Be sure to stop by again soon for more tips and tricks on navigating the world of renting with your furry friends. In the meantime, give your furry friend an extra hug for me!