Generally, landlords can’t charge a fee or extra rent for having a service dog. The law states that a disability can’t be a reason to discriminate against someone. This means that a landlord can’t refuse to rent to someone with a disability or charge them more money because they have a disability. This also extends to the service animals that help people navigate life and activities of daily living. A service dog is a reasonable accommodation for a disability, and landlords are required to make reasonable accommodations for people with disabilities.
Legal Rights: Protection Under the Fair Housing Act
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. This law protects individuals with disabilities, including those who use service animals, from being denied housing or being charged extra fees for their service animals.
Who is Protected Under the FHA?
- Individuals with disabilities
- Families with a member with a disability
- Those associated with a person with a disability
What is a Service Animal?
- A dog that is trained to perform specific tasks for an individual with a disability
- A dog that provides emotional support for an individual with a disability
Landlord Responsibilities Under the FHA
- Cannot deny housing to an individual with a disability based on the use of a service animal
- Cannot charge extra fees or deposits for a service animal
- Must make reasonable accommodations for individuals with disabilities, including allowing service animals in common areas
Tenant Responsibilities
- Must provide proof of disability and the need for a service animal
- Must keep the service animal under control at all times
- Must clean up after the service animal
| Protected Individuals | Definition of Service Animal | Landlord Responsibilities | Tenant Responsibilities |
|---|---|---|---|
| Individuals with Disabilities, Families with Disabled Members, Those Associated with Disabled Individuals | Dogs Trained for Specific Tasks or Emotional Support | No Denial of Housing, No Extra Fees, Reasonable Accommodations | Proof of Disability and Need, Control and Clean-up of Service Animal |
Landlord’s Duty to Provide Reasonable Accommodation for Service Dogs
Under the Fair Housing Act (FHA), landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals on the premises. This means that landlords cannot charge extra fees or deposits for service dogs or refuse to rent to tenants with service dogs.
Understanding Reasonable Accommodation
Reasonable accommodation is any change or adjustment to a policy, practice, or service that allows a person with a disability to have equal access to housing. In the case of service dogs, reasonable accommodation may include:
- Allowing the tenant to keep the service dog in the rental unit, even if the landlord has a no-pets policy.
- Waiving any pet fees or deposits that would normally be charged.
- Making modifications to the rental unit to make it more accessible for the service dog, such as installing ramps or widening doorways.
What Landlords Cannot Do
- Charge extra fees or deposits for service dogs.
- Refuse to rent to tenants with service dogs.
- Evict tenants because they have service dogs.
- Harass or discriminate against tenants with service dogs.
Tips for Landlords
- Educate yourself about the FHA and your obligations as a landlord.
- Create a pet policy that is compliant with the FHA.
- Train your staff on how to interact with tenants with service dogs.
- Be open to making reasonable accommodations for tenants with service dogs.
| Accommodation | Example |
|---|---|
| Allowing the service dog in the rental unit | Even if the landlord has a no-pets policy |
| Waiving pet fees or deposits | That would normally be charged |
| Making modifications to the rental unit | Such as installing ramps or widening doorways |
| Providing a dedicated parking space for the tenant with a service dog | Close to the tenant’s unit |
| Allowing the tenant to use the service dog in common areas | Such as the laundry room or pool |
Charging Fees: Fees Allowed Under Service Dog Laws
Landlords are generally prohibited from charging fees for service dogs under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). However, there are some limited exceptions to this rule. For example, landlords may charge:
- A pet deposit (refundable): The deposit is intended to cover any damage caused by the service dog.
- A reasonable fee for cleaning or repairing damage caused by the service dog.
Landlords are not allowed to charge a monthly pet fee or rent for a service dog. Additionally, landlords cannot refuse to rent to a person with a service dog or charge a higher security deposit.
Note: In some cases, a housing provider can charge a reasonable fee to cover the actual cost of a damage to the property caused by the service dog. The fee cannot be a security deposit, and the damage must be beyond normal wear and tear.
It is important to note that:
- Landlords are not allowed to charge a pet deposit, pet fee, or rent for a service animal.
- Landlords must allow service animals in all areas of the property where tenants and guests are allowed to go.
- Landlords cannot evict a tenant because of a service animal.
- Landlords cannot refuse to rent to a person with a service animal.
If you are a landlord and have questions about charging fees for service dogs, you should consult with an attorney.
| Allowed Fees for Service Dogs | Not Allowed Fees for Service Dogs |
|---|---|
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Landlord’s Obligations Regarding Service Dogs
The Fair Housing Act (FHA) prohibits landlords 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.
- Discrimination Claims: Tenants who are denied housing or charged extra fees for having a service animal may file a complaint with the Department of Housing and Urban Development (HUD).
- Consequences for Violating Service Dog Laws: Landlords who violate the FHA can face a range of penalties, including fines, lawsuits, and loss of housing subsidies.
Recognizing Service Dogs
Landlords are not allowed to request proof of disability or training for a service animal. However, they can ask two questions to determine if an animal is a service animal:
- Is the dog trained to perform a specific task for a disability?
- What task(s) is the dog trained to perform?
Landlords cannot ask about the person’s disability or require documentation, such as a doctor’s note.
Reasonable Accommodations
Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals. This may include allowing the animal to live in the unit, even if the landlord has a no-pets policy. Landlords cannot charge extra fees or deposits for service animals, such as pet deposits or cleaning fees.
Conclusion
Landlords cannot charge extra fees or deny housing to tenants with service animals. This is illegal under the Fair Housing Act. Landlords must make reasonable accommodations for tenants with service animals, such as allowing the animal to live in the unit, even if the landlord has a no-pets policy.
So, that’s the scoop on whether a landlord can charge for a service dog. I hope this article has been helpful! If you have any other questions about service animals, be sure to check out our other articles on the topic. So, be sure to follow us on social media and check back often for new articles and updates. Thanks for stopping by, and we hope to see you again soon!