Landlords are prohibited from demanding a deposit for service animals. This is because service animals are not pets but rather necessary medical devices for individuals with disabilities. A disabled person is not required to pay a deposit for their wheelchair. Similarly, a person with a disability should not be required to pay a deposit for their service animal. Charging a deposit for a service animal is considered a form of discrimination against disabled individuals and is a violation of the Fair Housing Act.
Common Misconceptions about Service Animals
Service animals are often misunderstood and can be discriminated against. Here are some common misconceptions about service animals:
- Service animals are only for blind people. This is not true. Service animals can be used by people with a variety of disabilities, including visual impairments, hearing impairments, mobility impairments, seizures, and psychiatric disabilities.
- Service animals are not allowed in public places. This is also not true. Service animals are allowed in all public places, including restaurants, stores, and hotels.
- Service animals can be aggressive or dangerous. This is not true. Service animals are specifically trained to be well-behaved and obedient.
- Service animals are expensive. This is not always true. There are many organizations that provide service animals at no cost to qualified individuals.
Landlords and Service Animals
Landlords are prohibited from discriminating against tenants with service animals. This means that landlords cannot:
- Charge a deposit or fee for a service animal.
- Require a tenant to provide proof of disability or a letter from a doctor.
- Deny a tenant housing because they have a service animal.
- Evict a tenant because they have a service animal.
If you are a landlord and you have questions about service animals, you should contact your local fair housing agency.
Table: Landlord’s Responsibilities Regarding Service Animals
| Landlord’s Responsibility | What it Means |
|---|---|
| Allow service animals in all common areas and housing units. | This includes hallways, elevators, laundry rooms, and pools. |
| Make reasonable accommodations for service animals. | This may include providing a designated relief area or allowing the service animal to accompany the tenant in areas where pets are not normally allowed. |
| Not charge a deposit or fee for a service animal. | This includes a pet deposit, a cleaning fee, or a monthly pet rent. |
| Not require a tenant to provide proof of disability or a letter from a doctor. | A landlord can ask for a statement from the tenant that the animal is a service animal, but they cannot require proof of disability. |
| Not deny a tenant housing because they have a service animal. | A landlord cannot refuse to rent to a tenant because they have a service animal. |
| Not evict a tenant because they have a service animal. | A landlord cannot evict a tenant because they have a service animal, even if the service animal causes damage to the property. |
Rights and Responsibilities of Landlords and Tenants
Service animals are trained to perform tasks for individuals with disabilities. Under the Fair Housing Act (FHA), landlords are prohibited from discriminating against tenants with disabilities, including those who use service animals. This means that landlords cannot charge a deposit or fee for a service animal. Furthermore, landlords are required to make reasonable accommodations for tenants with disabilities, such as allowing the service animal to live in the rental unit and providing access to common areas.
Tenants with service animals have the responsibility to keep their animals under control and to clean up after them. They are also responsible for any damage caused by their animals. Landlords can charge a tenant for damages caused by a service animal, but they cannot charge a deposit or fee for the animal itself.
Landlord Responsibilities
- Cannot charge a deposit or fee for a service animal.
- Must make reasonable accommodations for tenants with disabilities, including allowing the service animal to live in the rental unit and providing access to common areas.
- Can charge a tenant for damages caused by a service animal, but they cannot charge a deposit or fee for the animal itself.
Tenant Responsibilities
- Keep their service animal under control and clean up after them.
- Responsible for any damage caused by their animal.
| Can Landlord Charge a Deposit? | Landlord Responsibilities | Tenant Responsibilities |
|---|---|---|
| No | Make reasonable accommodations | Keep animal under control and clean up after them |
| Allow animal in rental unit | Responsible for damages caused by animal | |
| Provide access to common areas |
Fair Housing Act and Service Animals
The Fair Housing Act (FHA) prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, and disability. The FHA also makes it illegal to discriminate against individuals with disabilities who use service animals.
What is a Service Animal?
- A service animal is a dog that has been trained to perform tasks for an individual with a disability.
- Service animals can be used for a variety of tasks, including:
- Guiding people who are blind or have low vision
- Alerting people who are deaf or hard of hearing to sounds
- Providing emotional support to people with mental illness
- Performing other tasks that help people with disabilities live independently
Landlord’s Responsibilities
Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing tenants to have service animals.
- Landlords cannot charge tenants a deposit or fee for having a service animal.
- Landlords cannot ask tenants to provide documentation of their disability or the service animal’s training.
- Landlords cannot restrict tenants from keeping their service animal in their unit.
- Landlords cannot evict tenants because they have a service animal.
Tenant’s Responsibilities
- Tenants are responsible for keeping their service animal under control at all times.
- Tenants are responsible for cleaning up after their service animal.
- Tenants are responsible for any damage caused by their service animal.
What to Do If You’re a Tenant with a Service Animal
If you are a tenant with a service animal, you should provide your landlord with a letter from your doctor or therapist stating that you have a disability and that the service animal is necessary for your disability.
You should also be prepared to answer questions about your disability and the service animal’s training.
What to Do If You’re a Landlord with a Tenant Who Has a Service Animal
If you are a landlord with a tenant who has a service animal, you should make reasonable accommodations for the tenant, including allowing the tenant to have the service animal in their unit.
You should not charge the tenant a deposit or fee for having a service animal.
You should also not ask the tenant to provide documentation of their disability or the service animal’s training.
Resources
| Resource | Description |
|---|---|
| U.S. Department of Housing and Urban Development (HUD) | HUD provides information about the Fair Housing Act and how to file a complaint of housing discrimination. |
| Americans with Disabilities Act (ADA) | The ADA provides information about service animals and the rights of individuals with disabilities. |
| Disability Rights California | Disability Rights California provides information about service animals and the rights of individuals with disabilities in California. |
Reasonable Accommodations vs. Undue Burden
Under the Fair Housing Act (FHA), landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals. However, landlords are not required to make accommodations that would cause an undue burden. The FHA defines an undue burden as:
- A significant difficulty or expense
- A fundamental alteration in the nature of the landlord’s business
- A direct threat to the health or safety of others
In the case of service animals, landlords may be able to charge a deposit to cover the cost of any damage caused by the animal. However, landlords may not charge a deposit if the animal is:
| Required because of a disability | Well-behaved | Under the control of the tenant |
|---|
Landlords are also not allowed to charge a pet deposit or fee for service animals. However, landlords may charge a reasonable fee to cover the cost of cleaning or repairing damage caused by the service animal.
If a landlord refuses to make a reasonable accommodation for a service animal, the tenant may file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD can investigate the complaint and take action against the landlord, including imposing fines.
Thanks for sticking with me through all the legal mumbo-jumbo. I know it can get dry, but it’s important to know your rights and responsibilities as a pet owner and as a renter. And remember, if you have any questions or concerns, always reach out to your landlord, a lawyer, or a housing advocate. They’re there to help. In the meantime, keep living your best life with your furry friend by your side. And don’t forget to check back here for more pet-related legal tidbits. Until next time, keep wagging those tails!