A landlord cannot reject a service dog under the Fair Housing Act. Under the act, a service dog is defined as a dog that is trained to do work or perform tasks for an individual with a disability. Disabilities include physical, sensory, psychiatric, intellectual, or other mental disabilities. Landlords must allow service dogs in their rental properties, even if they have a no-pets policy. Landlords cannot charge extra fees or deposits for service dogs. They also cannot evict tenants because they have service dogs.
Proof of Disability
The Fair Housing Act (FHA) prohibits housing providers from discriminating against individuals with disabilities. This includes denying housing, refusing to make reasonable accommodations, or charging extra fees for service animals. Landlords are allowed to ask for proof of disability, but they cannot deny housing to someone with a disability simply because they have a service animal.
There are a few different ways to provide proof of disability. One way is to have a letter from a doctor or other healthcare provider that states that you have a disability and that you need a service animal. Another way is to provide a statement from a social worker or counselor that explains your disability and how a service animal helps you.
If you have a service animal, it is important to be prepared to provide proof of disability if your landlord asks for it. This will help to ensure that you are not discriminated against because of your disability.
- What is a service animal?
- A service animal is a dog that has been trained to perform tasks for an individual with a disability.
- Tasks that service animals may be trained to perform include:
- Guiding individuals with visual impairments
- Alerting individuals with hearing impairments to sounds
- Assisting individuals with mobility impairments with tasks such as opening doors or picking up objects
- Providing emotional support to individuals with mental health conditions.
- Examples of service animals include guide dogs for the blind, hearing dogs for the deaf, and psychiatric service dogs for individuals with mental health conditions.
Can a landlord reject a service dog?
- No, a landlord cannot reject a service dog based on breed, size, or weight.
- Landlords are required to make reasonable accommodations for individuals with disabilities, including allowing service animals in housing.
- However, landlords may ask for documentation from a healthcare provider or social worker that verifies the individual’s disability and need for a service animal.
What if a landlord refuses to allow a service dog?
- If a landlord refuses to allow a service dog, the individual with the disability may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
- HUD can investigate the complaint and take action against the landlord, such as ordering the landlord to allow the service animal or pay damages to the individual with the disability.
Additional Resources:
| Accommodation | Description |
|---|---|
| Allowing the service animal to live in the housing unit | The landlord must allow the service animal to live in the housing unit, even if the landlord has a no-pets policy. |
| Waiving pet fees or deposits | The landlord cannot charge extra fees or deposits for the service animal. |
| Making reasonable modifications to the housing unit | The landlord must make reasonable modifications to the housing unit to accommodate the service animal, such as installing a ramp for a wheelchair-bound individual or adding a fence to keep a guide dog safe. |
| Providing training or assistance to the individual with the disability | The landlord may provide training or assistance to the individual with the disability on how to use the service animal in the housing unit. |
Reasonable Accommodation
The Fair Housing Act (FHA) prohibits discrimination against tenants with disabilities, including those who use service animals. Landlords are required to make reasonable accommodations for tenants with disabilities, such as allowing them to have service animals in their rental units. However, there are some exceptions to this rule. For example, landlords can refuse to allow service animals in their rental units if the animal would cause a direct threat to the health or safety of other tenants or if the animal would cause substantial damage to the property.
Exceptions to the Rule
- Landlords can refuse to allow service animals in their rental units if the animal would cause a direct threat to the health or safety of other tenants.
- Landlords can also refuse to allow service animals in their rental units if the animal would cause substantial damage to the property.
- Examples of direct threats to health and safety include:
- The animal is aggressive or has a history of biting people.
- The animal is not house-trained.
- The animal is too large or unruly to be safely accommodated in the rental unit.
- Examples of substantial damage to property include:
- The animal destroys furniture or carpets.
- The animal scratches walls or doors.
- The animal urinates or defecates in the rental unit.
Landlords who refuse to allow service animals in their rental units must be able to prove that the animal would cause a direct threat to the health or safety of other tenants or that the animal would cause substantial damage to the property. They must also be able to show that they have made reasonable accommodations for the tenant’s disability.
What Constitutes Reasonable Accommodation?
Reasonable accommodation is a change or adjustment to a rule, policy, practice, or service that allows a person with a disability to have an equal opportunity to use and enjoy a dwelling. Some examples of reasonable accommodation for service animals include:
- Allowing the tenant to have a service animal in their rental unit, even if the landlord has a no-pets policy.
- Waiving any pet fees or deposits that are typically charged to tenants with pets.
- Providing the tenant with a first-floor unit or a unit that is accessible to the tenant’s service animal.
- Making modifications to the rental unit, such as installing ramps or grab bars, to make it more accessible for the tenant’s service animal.
What to Do If Your Landlord Refuses to Allow Your Service Animal
If your landlord refuses to allow your service animal in your rental unit, you can file a complaint with the Department of Housing and Urban Development (HUD). HUD can investigate your complaint and take action against your landlord, such as ordering them to allow your service animal in your rental unit or to pay you damages.
| Who | Responsibilities |
|---|---|
| Landlords |
|
| Tenants |
|
Protections Against Refusal to Rent Based on Breed
Landlords are generally prohibited from refusing to rent to tenants with service animals, including dogs. Tenants are allowed a reasonable accommodation to keep their service animal, even if the landlord has a “no pets” policy.
However, there are some exceptions to this rule. For example, landlords may refuse to rent to tenants with service animals if:
- The animal is not a service animal.
- The animal poses a direct threat to the health or safety of others.
- The animal would cause substantial physical damage to the property.
In order to determine whether an animal is a service animal, landlords may ask tenants to provide documentation from a healthcare professional stating that the animal has been trained to perform tasks for an individual with a disability.
Fair Housing Act (FHA) Protections
The Fair Housing Act (FHA) prohibits discrimination against people with disabilities, including those who use service animals. Under the FHA, landlords are required to make reasonable accommodations for tenants with service animals, such as allowing the animal to live in the unit and waiving pet fees.
BREED-SPECIFIC RESTRICTIONS
| State | Breed-Specific Discriminatory Laws | Status |
|---|---|---|
| Colorado | Aurora, Boulder, Denver | Banned |
| Florida | Pembroke Pines, St. Petersburg | Banned |
| Maryland | Berwyn Heights, Prince George’s | Banned |
These are just a few examples of breed-specific restrictions in the United States. It is important to note that these restrictions are often challenged in court and may be overturned.
Fair Housing Act (FHA) and Service Animals
Reasonable Accommodation:
Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals in their properties. This means that a landlord cannot refuse to rent to someone because they have a service animal.
Service animals are defined as dogs that are trained to perform tasks for individuals with disabilities. These tasks can include:
- Guiding the blind
- Alerting the deaf
- Pulling a wheelchair
- Picking up dropped objects
- Providing emotional support
Landlord’s Responsibilities:
- Pet Deposits: Landlords cannot charge extra fees or deposits for service animals.
- Breed or Size Restrictions: Landlords cannot discriminate against certain breeds or sizes of service animals.
- Request for Documentation: Landlords can ask for documentation that the animal is a service animal, but they cannot require a specific form of documentation.
- Reasonable Behavior: Landlords can require that service animals behave appropriately in the property, but they cannot evict a tenant because of the animal’s behavior unless the animal poses a direct threat to the health or safety of others.
Tenant’s Responsibilities:
- Control: Tenants must maintain control of their service animals at all times and ensure they do not cause damage to the property.
- Vaccinations: Tenants must keep their service animals up-to-date on vaccinations and provide proof of vaccination to the landlord upon request.
- Cleanup: Tenants must clean up after their service animals and dispose of their waste properly.
| Who Qualifies as a Person with a Disability? | Individuals with physical or mental impairments that substantially limit one or more major life activities |
|---|---|
| What is an Emotional Support Animal (ESA)? | Animals that provide comfort or emotional support to individuals with a disability, but are not trained to perform specific tasks |
| Can Landlords Charge Fees for ESAs? | Yes, landlords may charge reasonable fees to cover the cost of accommodating ESAs |
Conclusion:
The FHA protects the rights of individuals with disabilities to live in housing with their service animals. Landlords must make reasonable accommodations for service animals and cannot discriminate against tenants with disabilities. Tenants with service animals have a responsibility to maintain control of their animals and ensure they behave appropriately in the property.
And that’s a wrap folks! Whew, we covered a lot of ground today. I hope you found this article helpful and informative. If you’re wondering whether your landlord can reject your service dog, I encourage you to do your own research on the Fair Housing Act and your local laws. In the meantime, know that you’re not alone. There are plenty of resources available to help you fight for your rights as a service dog owner. Thanks for reading, and be sure to visit again soon for more insights into the world of service dogs!