According to federal law, landlords cannot deny housing to people with disabilities who have service animals. Service animals are individually trained dogs that work to perform tasks for their handler, such as assisting with mobility, providing emotional support, or alerting the handler to seizures or other medical events. Landlords must make reasonable accommodations for service animals, including allowing them in housing and waiving pet fees and deposits. A landlord who denies housing to a person with a service animal may be subject to a complaint with the U.S. Department of Housing and Urban Development (HUD) and could face legal action.
Landlord’s Obligations Under the Fair Housing Act
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several characteristics, including disability. Because service dogs are considered assistive devices under the FHA, landlords are required to make reasonable accommodations for tenants with disabilities who use them.
Landlords Cannot Deny Housing to Individuals with Service Dogs
- Landlords cannot deny housing to individuals with service dogs solely because of their disability or the presence of their service dog.
- Landlords cannot charge extra fees or deposits for tenants with service dogs.
- Landlords cannot impose breed or size restrictions on service dogs.
- Landlords cannot require tenants to provide proof of disability or training for their service dogs.
Landlords Must Make Reasonable Accommodations for Service Dogs
- Landlords must allow service dogs in all areas of their properties that are open to the public, including common areas and housing units.
- Landlords must make reasonable modifications to their policies, practices, or procedures to accommodate service dogs.
- For example, a landlord may need to allow a tenant to keep their service dog in their housing unit even if the property has a “no pets” policy.
Landlords Can Ask Certain Questions About Service Dogs
- Landlords can ask tenants with service dogs two questions:
- Is the dog a service animal required because of a disability?
- What work or task does the dog perform?
Landlords cannot ask about the tenant’s disability, require documentation of the disability, or ask about the dog’s training.
Examples of Reasonable Accommodations for Service Dogs
| Accommodation | Example |
|---|---|
| Allowing the service dog to live in the housing unit | Even if the property has a “no pets” policy |
| Waiving pet fees or deposits | For tenants with service dogs |
| Making modifications to common areas | To make them accessible to service dogs |
Quick Guide: Landlord Obligations Regarding Service Animals
In the United States, the Fair Housing Act (FHA) protects individuals with disabilities from housing discrimination, including the right to have service animals. Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing them to have service animals on the premises.
Reasonable Accommodations for Service Animals
- Allowing the tenant to keep the service animal on the premises
- Waiving pet fees or deposits
- Providing reasonable modifications to the property to accommodate the service animal
- Making exceptions to breed or size restrictions
Landlords are not required to make accommodations that would fundamentally alter the nature of their housing or impose an undue financial or administrative burden.
What Landlords Can and Cannot Do
| Can Do | Cannot Do |
|---|---|
| Ask for proof of disability | Deny housing based on breed or size restrictions |
| Require a pet deposit or fee | Charge extra rent for a service animal |
| Evict a tenant for having a service animal | Require a service animal to be registered or certified |
How to Request a Reasonable Accommodation
- Contact your landlord in writing and explain that you have a disability and need a service animal.
- Provide documentation from a healthcare provider that verifies your disability and the need for a service animal.
- Be prepared to answer questions about the service animal’s training, behavior, and how it will assist you.
If your landlord denies your request for a reasonable accommodation, you may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Navigating Service Animals and Landlord Policies
Defining Service Animals and Pets
Clearly differentiating between service animals and pets is crucial for both landlords and tenants. Here are key characteristics that distinguish them:
- Service Animals
- Task-trained to perform specific tasks directly related to a disability.
- Examples: guide dogs for the blind, hearing dogs for the deaf, mobility assistance dogs, medical alert dogs.
- Pets
- Kept for companionship, emotional support, or recreational purposes.
- Examples: dogs, cats, birds, fish, rabbits.
Landlord Responsibilities
Under the Fair Housing Act, landlords have specific responsibilities when it comes to service animals:
- Prohibition of Discrimination: Landlords cannot discriminate against tenants with disabilities based on their service animals.
- Reasonable Accommodations: Landlords must make reasonable accommodations to allow service animals on their premises, even if they have a no-pet policy.
- No Additional Fees or Deposits: Landlords cannot charge extra fees or deposits for service animals. However, they can charge for any damages caused by the animal.
- Verification of Disability and Service Animal: Landlords can request documentation from tenants to verify their disability and the service animal’s training. They cannot request intrusive or personal information.
Tenant Responsibilities
Tenants with service animals also have certain responsibilities:
- Control and Supervision: Tenants must maintain control and supervision over their service animals at all times.
- Vaccinations and Licensing: Tenants must ensure their service animals are appropriately vaccinated and licensed, if required by local law.
- Cleanup: Tenants are responsible for cleaning up after their service animals and ensuring they do not cause damage to the premises or disturb other tenants.
- No Aggressive Behavior: Service animals must not display aggressive or disruptive behavior towards other people or animals.
Resolving Disputes
In case of disputes involving service animals, it’s important to follow these steps:
- Open Communication: Landlords and tenants should communicate openly and respectfully to find a mutually agreeable solution.
- Mediation: If communication fails, mediation can be a helpful option to resolve disputes without going to court.
- Legal Action: If mediation fails, tenants may need to pursue legal action to enforce their rights under the Fair Housing Act.
| Landlord Responsibilities | Tenant Responsibilities |
|---|---|
| No discrimination based on service animals | Control and supervision of service animals |
| Reasonable accommodations | Vaccinations and licensing of service animals |
| No additional fees or deposits | Cleanup after service animals |
| Verification of disability and service animal | No aggressive behavior from service animals |
Remember, fostering an inclusive and respectful environment for both landlords and tenants is essential in navigating the complexities of service animals and housing.
Landlord Responsibilities
Federal and state law — the Fair Housing Act and Americans With Disabilities Act (ADA) — makes it illegal for a landlord or housing provider to discriminate against a tenant with a disability, such as a visual, hearing or cognitive impairment. Along with other reasonable accommodations under these laws, a landlord must allow service and emotional support animals, as long as the animal meets certain criteria.
The ADA defines a service animal as a dog that has been trained to do work or perform tasks for an individual with a disability. Service dogs help people with a wide range of disabilities, including blindness, deafness, mobility impairments, and seizures. Emotional support animals are not considered service animals, but landlords are still not allowed to discriminate against people who have them.
The Fair Housing Act and the ADA prohibit landlords from denying housing or charging extra fees to people with disabilities who have service or emotional support animals. Landlords also cannot require a person with a disability to pay a pet deposit or fee for the animal. Eviction also is prohibited for having a service animal.
Documentation Requirements for Service Animals
- Service animals are defined as dogs that are trained to perform tasks for people with disabilities.
- Landlords cannot deny housing to people with disabilities who have service animals.
- Landlords may ask for documentation that the animal is a service animal, but they cannot require a specific type of documentation.
- Documentation can include a letter from a doctor or other healthcare professional that states the animal is a service animal.
| Source | Required Information | ||||
|---|---|---|---|---|---|
| Doctor or other healthcare professional |
Training organization |
|
Government agency |
|
What if a Landlord Denies Me Housing for Having a Service Animal?If you are denied housing because of your service animal, you should contact the Department of Housing and Urban Development (HUD). HUD enforces the Fair Housing Act, and they may be able to help you resolve the issue. Hey there, thanks for hanging out with me and reading all about service dogs and landlords. I hope you found this article helpful and informative. If you still have questions or concerns, don’t hesitate to reach out to an expert in your area. And don’t forget to check back soon for more interesting and informative articles! See ya later! |