In the United States, it is against the law for landlords to charge tenants with disabilities for service dogs. This is because service dogs are considered medical equipment, and charging for them would be like charging someone for their wheelchair or hearing aid. Landlords are also not allowed to discriminate against tenants with disabilities who have service dogs. This means that they cannot refuse to rent to someone with a service dog, or charge them a higher rent or security deposit. If you are a tenant with a disability and have a service dog, you should be aware of your rights under the Fair Housing Act.
Service Animals vs. Pets
Under the Fair Housing Act (FHA), landlords are prohibited from discriminating against tenants with disabilities. This includes refusing to rent to tenants with service animals. Service animals are defined as dogs that are trained to perform tasks for individuals with disabilities.
Differences Between Service Animals and Pets
- Service animals are trained to perform tasks that assist individuals with disabilities with their daily activities. Common tasks include guiding individuals who are blind or visually impaired, alerting individuals who are deaf or hard of hearing to sounds, and providing emotional support to individuals with mental health disabilities.
- Pets, on the other hand, are not trained to perform specific tasks. They are typically kept for companionship and enjoyment.
Landlords are not allowed to charge tenants with service animals pet fees, deposits, or other charges. They are also not allowed to restrict the access of service animals to common areas of the property. However, landlords may request documentation from tenants verifying that their animal is a service animal. This documentation may include a letter from a healthcare professional or a training certificate.
If you are a landlord and you have questions about your obligations under the FHA, you should consult with an attorney. You can also contact the U.S. Department of Housing and Urban Development (HUD) for more information.
| Animal Type | Definition | Rights Under FHA |
|---|---|---|
| Service Animal | A dog that is trained to perform tasks for individuals with disabilities | Landlords cannot charge pet fees, deposits, or other charges. Landlords cannot restrict access to common areas. |
| Pet | An animal that is not trained to perform specific tasks | Landlords may charge pet fees, deposits, or other charges. Landlords may restrict access to common areas. |
Fair Housing Act Protections for Tenants with Service Animals
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. This law protects tenants with disabilities from being denied housing or charged extra fees for having a service animal.
Service Animal Defined
- Under the FHA, a service animal is a dog that is trained to perform tasks for an individual with a disability.
- This can include tasks such as:
- 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 for people with disabilities such as PTSD or depression
- Landlords are not allowed to charge extra fees or deposits for service animals.
- Landlords must allow tenants with disabilities to keep their service animals in their housing, even if the housing has a no-pets policy.
- Landlords cannot require tenants to provide proof of their disability or the need for a service animal.
- Landlords cannot evict tenants because of their disability or because they have a service animal.
- Tenants with service animals must keep their animals under control at all times.
- Tenants must clean up after their service animals.
- Tenants must ensure their service animals do not cause damage to the landlord’s property.
- The FHA does not apply to owner-occupied properties with four or fewer units, where the owner lives in one of the units.
- The FHA does not apply to housing operated by religious organizations or private clubs that are not open to the public.
- California: Landlords cannot charge fees or deposits for service animals.
- Florida: Landlords can charge a reasonable fee to cover the cost of accommodating the animal.
- Illinois: Landlords cannot charge fees or deposits for service animals.
- New York: Landlords cannot charge fees or deposits for service animals.
- Texas: Landlords can charge a reasonable fee to cover the cost of accommodating the animal.
- New York City: Landlords cannot charge fees or deposits for service animals.
- San Francisco: Landlords cannot charge fees or deposits for service animals.
- Chicago: Landlords cannot charge fees or deposits for service animals.
- Los Angeles: Landlords can charge a reasonable fee to cover the cost of accommodating the animal.
- Houston: Landlords can charge a reasonable fee to cover the cost of accommodating the animal.
Landlord Responsibilities
Tenant Responsibilities
Exceptions to the Fair Housing Act
| Disability | Service Animal Task | Reasonable Accommodation |
|---|---|---|
| Blindness | Guiding | Allowing the tenant to keep a guide dog in the housing |
| Deafness | Alerting | Allowing the tenant to keep a hearing dog in the housing |
| Mobility impairment | Pulling a wheelchair | Allowing the tenant to keep a service dog that is trained to pull a wheelchair in the housing |
| PTSD | Providing emotional support | Allowing the tenant to keep an emotional support dog in the housing |
If you are a tenant with a disability and you are being discriminated against because of your service animal, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also contact a fair housing organization for assistance.
State and Local Laws
The laws governing service animals vary from state to state and locality to locality. In some jurisdictions, landlords are prohibited from charging fees or deposits for service animals. In others, landlords may be allowed to charge a reasonable fee to cover the cost of accommodating the animal.
It is important for landlords to be aware of the laws in their jurisdiction regarding service animals. Failure to comply with these laws can result in fines or other penalties.
Examples of State Laws
Examples of Local Laws
Table of State Laws Regarding Service Animals
| State | Fees or Deposits Allowed |
|---|---|
| California | No |
| Florida | Yes, reasonable fee |
| Illinois | No |
| New York | No |
| Texas | Yes, reasonable fee |
Note: This table is for illustrative purposes only and does not include all states. Landlords should consult the laws in their jurisdiction for specific guidance.
Alright, folks, that’s all we got for today. I know, I know, it’s a short article, but hey, at least now you know landlords can’t charge you a single dime for having your service dog live with you. Of course, you might find a landlord who tries to pull a fast one on you, but now you’re armed with the knowledge to shut ’em down. Keep an eye out for more articles like this one coming your way. And who knows, maybe next time we’ll tackle a topic that’s a little more exciting. Until then, feel free to visit our website again for more informative and entertaining content. Take care, and keep your furry friends close!