Landlords are generally not permitted to charge a deposit for a service dog. Charging a fee for a service dog would be considered a form of housing discrimination, which is illegal. The purpose of a service dog is to provide assistance to a person with a disability, and charging a fee for this assistance would be a form of discrimination.
Service Dog vs. Emotional Support Animal
Service dogs and emotional support animals (ESAs) are both types of assistance animals that provide support to people with disabilities. However, there are some key differences between the two types of animals.
- Service Dogs:
- Are trained to perform specific tasks for their handlers, such as guiding someone who is blind or deaf, pulling a wheelchair, or alerting someone to a medical event.
- Are recognized as a disability accommodation under the Americans with Disabilities Act (ADA).
- Landlords are prohibited from charging a deposit or fee for service dogs.
- Emotional Support Animals:
- Provide comfort and companionship to people with mental or emotional disabilities.
- Are not recognized as a disability accommodation under the ADA.
- Landlords may charge a deposit or fee for emotional support animals.
| Characteristic | Service Dog | Emotional Support Animal |
|---|---|---|
| Purpose | Performs specific tasks to assist with a disability | Provides comfort and companionship |
| ADA Recognition | Yes | No |
| Deposit or Fee | Prohibited | Allowed |
It’s important to note that landlords cannot discriminate against tenants with disabilities. This includes refusing to rent to someone with a service dog or charging a higher deposit or fee.
Fair Housing Act
In the United States, the Fair Housing Act (FHA) was enacted to prevent discrimination based on race, color, religion, national origin, sex, familial status, and disability.
Under the FHA, service animals are defined as dogs that are trained to perform tasks for individuals with disabilities. Landlords are prohibited from charging a deposit, fee, or extra rent for a service animal.
Exceptions
- Landlords may charge a reasonable fee for actual damage caused by a service animal.
- Landlords may also require tenants to provide proof that their animal is a qualified service animal.
What is a reasonable fee?
- A reasonable fee is one that is directly related to the cost of the damage caused by the animal.
- The fee must be reasonable in amount and must be based on the actual cost of the damage.
Landlords Must Allow Service Animals
- Landlords must allow service animals in their housing accommodations.
- Landlords cannot charge a deposit, fee, or extra rent for a service animal.
- Landlords cannot evict a tenant because of a service animal.
How to Request a Reasonable Accommodation
- If you have a disability and need a service animal, you should request a reasonable accommodation from your landlord.
- Be prepared to provide documentation from your doctor or other qualified professional stating that you have a disability and that the service animal is necessary for you.
Service Animals vs. Pets
| Service Animal | Pet |
|---|---|
| Trained to perform tasks for individuals with disabilities | Not trained to perform tasks for individuals with disabilities |
| Allowed in housing accommodations without a deposit, fee, or extra rent | May be subject to deposits, fees, or extra rent |
| Cannot be evicted because of the animal | May be evicted if the animal causes damage |
Conclusion
The FHA protects the rights of people with disabilities to have service animals. Landlords cannot charge a deposit, fee, or extra rent for a service animal. They also cannot evict a tenant because of a service animal.
Service Animal Deposits: A Violation of Federal Law
Under the Fair Housing Act (FHA), landlords are prohibited from charging deposits or fees for service animals. This protection extends to tenants with disabilities who use service animals for assistance with a wide range of tasks, including:
- Mobility Assistance
- Hearing Assistance
- Seizure Alert
- Diabetes Alert
- Psychiatric Assistance
The FHA also requires landlords to make reasonable accommodations for tenants with disabilities, including allowing service animals in housing units and public areas. Landlords cannot refuse to rent to tenants with service animals or charge them extra fees or deposits.
Reasonable Accommodation
In addition to prohibiting deposits and fees for service animals, the FHA requires landlords to make reasonable accommodations for tenants with disabilities. These accommodations may include:
- Allowing service animals in common areas
- Waiving pet fees or deposits
- Providing accessible housing units
- Installing ramps or other modifications for tenants with mobility disabilities
- Providing assistive listening devices for tenants with hearing impairments
Landlords are not required to make accommodations that would impose an undue hardship. However, most accommodations for service animals are relatively inexpensive and easy to implement.
Consequences of Violating the FHA
Landlords who violate the FHA’s provisions on service animals may face a number of consequences, including:
- Fines
- Back rent
- Damages
- Eviction
Landlords should be aware that the FHA’s protections for service animals are strong. If a landlord is unsure whether a particular accommodation is required, or if a tenant with a disability is being discriminated against, they should seek legal advice.
Reporting Discrimination
Tenants who believe they have been discriminated against because of their disability or service animal can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate the complaint and may take action against the landlord, including imposing fines or requiring them to change their policies.
| Organization | Website | Phone Number |
|---|---|---|
| U.S. Department of Housing and Urban Development (HUD) | www.hud.gov | 1-800-669-9777 |
| National Fair Housing Alliance | www.nationalfairhousing.org | 1-800-669-9777 |
| American Civil Liberties Union (ACLU) | www.aclu.org | 1-800-258-0998 |
What to Know About Deposits for Service Dogs
Landlords are generally prohibited from charging deposits or fees for service animals. However, there are some exceptions to this rule. Let’s break this down.
Advance Notice
In most cases, landlords must be given advance notice that a tenant will be bringing a service animal onto the premises. The notice should include the following information:
- The type of service animal
- The animal’s size and weight
- The animal’s breed (if applicable)
- The animal’s training and certification
Landlords may ask for this information in writing.
Exceptions to the No-Deposit Rule
There are a few exceptions to the no-deposit rule for service animals. For example, landlords may charge a deposit if:
- The animal causes damage to the property.
- The animal is a threat to the health or safety of other tenants.
- The animal is not properly trained or certified.
How Much Can a Landlord Charge?
If a landlord is allowed to charge a deposit for a service animal, the amount of the deposit must be reasonable. The deposit cannot exceed the actual cost of any damages caused by the animal.
Refusal to Allow a Service Animal
It’s against the law for landlords to refuse to allow a tenant to have a service animal. If a landlord refuses to allow a tenant to have a service animal, the tenant may file a complaint with the Department of Housing and Urban Development (HUD).
Obligations of the Tenant
| Tenant Obligations |
|---|
| Must provide landlord with advance notice of service animal. |
| Must keep service animal under control at all times. |
| Must clean up after service animal. |
| Must pay for any damages caused by service animal. |
Hey readers, I hope this article was helpful in clearing up any confusion about whether landlords can charge a deposit for service dogs. Remember, it’s against the law to do so, so don’t let any landlord try to pull a fast one on you. If you have any more questions, feel free to drop me a line. I’m always happy to help. And thanks for reading! Be sure to visit again later for more informative and engaging content.