In most places, it’s against the law for landlords to charge extra fees or deposits for service animals. Service animals are considered necessary medical equipment, and charging extra for them would be like charging extra for a wheelchair or other medical device. There are some exceptions to this rule, such as if the service animal causes damage to the property. However, in general, landlords cannot charge extra for service animals. If you’re a landlord and you’re thinking about charging extra for a service animal, you should be aware that this is likely illegal and could result in a lawsuit.
Service Dogs and Fair Housing Laws
In the United States, landlords are prohibited from discriminating against tenants with disabilities, including those who use service animals. This means that landlords cannot charge extra fees, deposits, or rent for tenants with service animals. Landlords are also required to make reasonable accommodations for tenants with service animals, such as allowing the animal to live in the unit and providing access to common areas.
Service Animals and the Fair Housing Act
- The Fair Housing Act (FHA) prohibits discrimination based on disability. This includes discrimination against people with disabilities who use service animals.
- The FHA defines a service animal as a dog that is trained to perform tasks for an individual with a disability.
- Landlords cannot charge extra fees, deposits, or rent for tenants with service animals.
- Landlords must make reasonable accommodations for tenants with service animals, such as allowing the animal to live in the unit and providing access to common areas.
What is a Service Animal?
A service animal is a dog that is trained to perform tasks for an individual with a disability. Service animals can be used for a variety of purposes, including:
- Guiding people who are blind or visually impaired
- Alerting people who are deaf or hard of hearing to sounds
- Providing mobility assistance to people with physical disabilities
- Providing emotional support to people with mental health disabilities
Reasonable Accommodations for Service Animals
Landlords are required to make reasonable accommodations for tenants with service animals. Reasonable accommodations may include:
- Allowing the animal to live in the unit
- Providing access to common areas
- Waiving pet fees or deposits
- Providing a designated relief area for the animal
Enforcement of the Fair Housing Act
The Fair Housing Act is enforced by the U.S. Department of Housing and Urban Development (HUD). If you believe that you have been discriminated against because of your disability or your use of a service animal, you can file a complaint with HUD.
| Action | Who | When |
|---|---|---|
| File a complaint | Tenant | Within one year of the alleged discrimination |
| Investigate the complaint | HUD | Within 100 days of receiving the complaint |
| Take action | HUD | If HUD finds that discrimination has occurred, it can take action to stop the discrimination and compensate the victim |
Charging Additional Fees for Service Animals
In the United States, the Fair Housing Act (FHA) prohibits landlords and housing providers from discriminating against individuals with disabilities. This includes refusing to rent to someone because they have a disability or charging them extra fees for a service animal. However, there are some specific circumstances in which a landlord may be able to charge a reasonable fee to cover the cost of accommodating a service animal.
Examples of Reasonable Fees
- A landlord may charge a reasonable fee to cover the cost of any damage caused by a service animal, such as replacing a carpet that has been ruined by urine or feces.
- A landlord may also charge a reasonable fee to cover the cost of any additional cleaning or maintenance that is required as a result of the service animal, such as vacuuming more frequently or hiring a pet waste removal service.
- A landlord may also charge a reasonable pet deposit for a service animal, but this deposit must be refundable.
What is Considered a Service Animal?
To be considered a service animal, the animal must be trained to perform specific tasks that assist an individual with a disability. This can include tasks such as guiding a blind person, pulling a wheelchair, or alerting a deaf person to sounds.
Emotional support animals are not considered service animals under the FHA, and landlords are not required to make accommodations for emotional support animals. However, some states have laws that protect emotional support animals, so it is important to check the laws in your state before making any decisions about an emotional support animal.
What to Do If You Are Charged an Illegal Fee for a Service Animal
If you are charged an illegal fee for a service animal, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD is responsible for enforcing the Fair Housing Act, and they can investigate your complaint and take action against the landlord if necessary.
You can also file a lawsuit against the landlord in federal court. However, this can be a time-consuming and expensive process, so it is important to carefully consider your options before filing a lawsuit.
Tips for Avoiding Unreasonable Fees
- Before you move into a new apartment, ask the landlord about their policies regarding service animals. Make sure you understand what fees, if any, you will be responsible for.
- If you are charged a fee for a service animal, ask the landlord for a written explanation of the fee. This will help you to understand the landlord’s reasoning and to determine if the fee is reasonable.
- If you believe that you have been charged an unreasonable fee, you can file a complaint with HUD or file a lawsuit in federal court.
| Reasonable Fee | Unreasonable Fee |
|---|---|
| Cleaning fee to cover the cost of vacuuming more frequently | Monthly fee for having a service animal |
| Pet deposit to cover the cost of any damage caused by the service animal | Fee to cover the cost of training the service animal |
| Fee to cover the cost of replacing a carpet that has been ruined by urine or feces | Fee to cover the cost of providing additional security for the property |
Landlord Duties with Service Animals
The Fair Housing Act (FHA) protects individuals with disabilities from discrimination in housing. This includes the right to have a service animal without being charged extra or being denied housing.
What Qualifies as a Service Animal?
- A service animal is defined as a dog that is trained to perform tasks for an individual with a disability.
- These tasks can include:
- Guiding people who are blind or have low vision
- Alerting people who are deaf or hard of hearing to sounds
- Pulling a wheelchair
- Providing emotional support
Landlord Responsibilities:
- Under the FHA, landlords are required to:
- Allow tenants with disabilities to keep service animals in their rental units, even if the landlord has a “no pets” policy.
- Not charge extra fees or deposits for service animals.
- Make reasonable accommodations to allow service animals to live in the rental unit, such as providing a dog-friendly yard or allowing the service animal to accompany the tenant in common areas.
What Landlords Cannot Do:
- Landlords cannot:
- Ask tenants with disabilities about the nature of their disability or the specific tasks their service animal performs.
- Require tenants to provide proof that their service animal is trained.
- Evict tenants with disabilities because they have a service animal.
Hey there, readers! I hope this article has shed some light on the topic of landlords charging extra for service dogs. Remember, the Fair Housing Act and many state and local laws protect you and your furry friend. If you’re facing discrimination, don’t hesitate to reach out to your local housing authority or disability rights organization. And thanks for taking the time to read this article. Be sure to stop by again soon for more informative and engaging content. Until next time, keep exploring and learning!