In certain circumstances, landlords are allowed to charge a deposit for service dogs. To be able to do this, there first must be a legitimate need for the service animal. Legitimate needs include, but are not limited to, physical, sensory, psychiatric, emotional, or intellectual disabilities. Landlords are only allowed to charge pet deposits for service dogs if the deposit is refundable. In addition, the amount charged cannot be more than what would be charged for any other pet, if that is something the landlord typically allows.
Fair Housing Laws: An Insight into Service Animal Accommodations
Understanding Fair Housing Laws is crucial for landlords and tenants alike when it comes to service animals. These laws are put in place to ensure equal rights and opportunities for individuals with disabilities and their service animals.
Understanding Service Animal Definitions
- Service Animal: A dog that is trained to perform tasks for an individual with a disability. These tasks can include guiding a blind individual, pulling a wheelchair, or alerting a deaf individual to a sound.
- Emotional Support Animal (ESA): An animal that provides comfort and support to an individual with a disability through its presence. ESAs are not considered service animals under the Fair Housing Act.
Basic Guidelines for Landlords:
- It is illegal for landlords to:
- Charge extra rent or fees for service animals.
- Require a security deposit for service animals.
- Discriminate against tenants based on their disability or the need for a service animal.
- Deny or limit access to housing solely due to a disability or the use of a service animal.
- Landlords are allowed to:
- Ask for documentation proving the disability and the service animal’s training.
- Require tenants to follow reasonable pet policies, such as keeping the service animal under control or cleaning up after the animal.
| Allowed | Not Allowed |
|---|---|
| Ask for documentation proving disability and training | Charge extra fees or rent for a service animal |
| Require reasonable pet policies | Deny or limit access due to disability or service animal |
| Request cleaning up after the animal | Require a security deposit for a service animal |
| Keep service animals under control | Discriminate against tenants based on disability |
Service animals play a vital role in enhancing the lives of individuals with disabilities. Understanding and adhering to Fair Housing Laws is crucial for landlords to ensure a harmonious and inclusive living environment for all tenants.
Reasonable Accommodations for Service Animals
Under the Fair Housing Act (FHA), landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals. This means that landlords cannot charge a deposit or fee for a service animal.
What is a Service Animal?
- A service animal is a dog that has been trained to perform specific tasks to assist a person with a disability.
- Service animals can be used for a variety of tasks, such as guiding people who are blind or visually impaired, pulling wheelchairs, retrieving items, or providing emotional support.
- Service animals are not pets and should not be treated as such.
Landlord’s Responsibilities
- Under the FHA, landlords are required to make reasonable accommodations for tenants with disabilities.
- This includes allowing service animals in housing, even if the landlord has a no-pets policy.
- Landlords cannot charge a deposit or fee for a service animal.
- Landlords are also responsible for ensuring that their properties are accessible to people with disabilities, including providing accessible routes of travel and making reasonable modifications to common areas and units.
Here are some specific examples of reasonable accommodations that landlords may be required to make for tenants with service animals:
- Allowing the service animal to accompany the tenant in all areas of the property, including common areas and the tenant’s unit.
- Waiving any no-pets policies or fees.
- Making reasonable modifications to the property to accommodate the service animal, such as installing ramps or grab bars.
- Providing accessible routes of travel throughout the property.
- Training staff on how to interact with service animals.
| Disability | Service Animal Task | Accommodation |
|---|---|---|
| Blindness | Guiding | Allowing the service animal to accompany the tenant in all areas of the property. |
| Deafness | Alerting | Waiving any no-pets policies or fees. |
| Mobility impairment | Pulling a wheelchair | Making reasonable modifications to the property to accommodate the service animal, such as installing ramps or grab bars. |
| Post-traumatic stress disorder (PTSD) | Providing emotional support | Providing accessible routes of travel throughout the property. |
If you are a landlord, it is important to be aware of your obligations under the FHA. Failure to comply with the FHA can result in complaints, fines, and even lawsuits.
Types of Fees and Deposits Landlords Can Charge
When you rent an apartment or house, the landlord is allowed to charge you a variety of fees and deposits. These can include:
- Security deposit: This is a refundable deposit that is typically equal to one or two month’s rent. The security deposit is used to cover any damages to the property that occur during your tenancy.
- Pet deposit: This is a non-refundable deposit that is typically charged if you have a pet. The pet deposit is used to cover any damages that your pet causes to the property.
- Cleaning fee: This is a one-time fee that is typically charged to cover the cost of cleaning the property after you move out.
- Late fee: This is a fee that is charged if you pay your rent late.
- Application fee: This is a fee that is typically charged to cover the cost of processing your rental application.
| Fee/Deposit | Refundable? | Purpose |
|---|---|---|
| Security deposit | Yes | To cover damages to the property |
| Pet deposit | No | To cover damages caused by pets |
| Cleaning fee | No | To cover the cost of cleaning the property after move-out |
| Late fee | No | To discourage paying rent late |
| Application fee | No | To cover the cost of processing rental applications |
Service Animal Deposit Policy
Landlords are prohibited from charging a deposit for service animals. This is a federal law, and it applies to all landlords, regardless of the size or type of property they own.
Documenting and Communicating with Tenants
- Screening Service Animals: Landlords are allowed to screen service animals to make sure they are legitimate and have been properly trained. This can be done by asking for documentation from the tenant, such as a letter from the tenant’s doctor or a certification from a service animal training organization.
- Requesting Documentation: Landlords should request documentation from tenants regarding their service animals. This documentation may include a letter from a healthcare provider stating that the tenant has a disability and needs a service animal, or a certification from a service animal training organization.
- Communicating with Tenants: Landlords should communicate with tenants about their service animal policies in a clear and respectful manner. They should explain that they are not allowed to charge a deposit for service animals, and they should provide tenants with information about how to document and communicate their service animal’s legitimacy.
Reasonable Accommodations
- Making Reasonable Accommodations: Landlords are required to make reasonable accommodations for tenants with service animals. This may include allowing the tenant to keep the service animal in the unit, even if the property has a no-pets policy.
- Charging a Pet Deposit: Landlords are allowed to charge a pet deposit for pets that are not service animals. However, they cannot charge this deposit for service animals.
Enforcement
- Filing a Complaint: Tenants who believe they have been discriminated against because of their service animal can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
| Jurisdiction | Law or Regulation | Relevant Provision |
|---|---|---|
| Federal | Fair Housing Act | 42 U.S.C. § 3604(f)(3)(B) |
| California | Fair Employment and Housing Act | Cal. Gov. Code § 12955(d) |
| New York | Human Rights Law | N.Y. Exec. Law § 296(10) |
As I leave you, I hope you now have a good idea of whether or not a landlord can charge a deposit for service dogs. Like always, feel free to hit me up if you need further clarification or have any other questions. Take care, and until next time.