A landlord cannot charge a fee or deposit for a service dog. The Fair Housing Act (FHA) prohibits discrimination against people with disabilities, and this includes refusing to rent to someone because they have a service dog. Service dogs are not pets, and they are vital for the well-being of their handler. Charging a fee for a service dog would be a form of discrimination. If a landlord tries to charge you extra for having a service dog, you can file a complaint with the Department of Housing and Urban Development (HUD).
Fair Housing Act and Service Animals
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. The FHA defines a service animal as a dog that has been trained to perform tasks for an individual with a disability. Emotional support animals are not considered service animals under the FHA. This means that landlords cannot charge extra fees or deposits for service animals. Additionally, landlords must make reasonable accommodations for service animals, such as allowing the animal to live in the unit even if the landlord has a no-pets policy.
Service Animals Under the FHA
- A dog that is trained to perform tasks for an individual with a disability.
- The task(s) must be directly related to the person’s disability.
- The dog must be under the control of the person with the disability.
Landlord’s Responsibilities Under the FHA
- Cannot charge extra fees or deposits for service animals.
- Must allow the service animal to live in the unit, even if the landlord has a no-pets policy.
- Must make reasonable accommodations for service animals, such as providing access to common areas and allowing the animal to enter the unit without a leash.
What is Not Considered a Service Animal Under the FHA
- Pets
- Animals that provide emotional support
- Animals that provide security
| Landlord’s Responsibility | Permitted | Not Permitted |
|---|---|---|
| Charging extra fees or deposits | No | Yes |
| Denying the rental of a unit to a person with a service animal | No | Yes |
| Requiring a person with a service animal to pay a pet deposit | No | Yes |
| Evicting a person with a service animal from a unit | No | Yes |
If you have a disability and need a service animal, you should provide your landlord with a letter from your doctor or therapist explaining your disability and how the animal assists you. You should also be prepared to answer questions about your service animal, such as what tasks it is trained to perform. If you are denied housing because of your service animal, you may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Defining Assistive Animals
Under the Fair Housing Act, assistive animals include:
- Service animals: Dogs trained to perform tasks for people with disabilities.
- Emotional support animals: Animals that provide comfort and emotional support to people with disabilities.
Rights and Responsibilities of Landlords
Landlords are prohibited from charging extra fees, pet deposits, or security deposits for service or emotional support animals.
Landlords may ask tenants with service animals to provide documentation from a healthcare professional.
What Qualifies as a Service Animal
- A dog that is trained to perform tasks for an individual with a disability.
- Tasks may include:
- Guiding individuals who are blind or have low vision.
- Alerting individuals who are deaf or hard of hearing.
- Pulling wheelchairs.
- Picking up dropped items.
- Providing emotional support.
Landlord’s Right to Request Documentation
Landlords can request documentation that the animal is a service animal.
Documentation may include:
- A letter from a healthcare professional stating the individual has a disability and the animal is necessary.
- Proof of training for the service animal.
Rights and Responsibilities of Tenants
- Tenants with service animals must keep their animals under control.
- Tenants are responsible for any damage caused by their service animals.
| Landlord | Tenant |
|---|---|
| Cannot charge extra fees or deposits for service animals. | Must keep service animal under control. |
| May request documentation that the animal is a service animal. | Responsible for any damage caused by service animal. |
Reasonable Accommodations and Service Animals
Service animals are essential for individuals with disabilities to live independently. Under the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals on the premises.
Landlords cannot charge extra fees or deposits for service animals. They also cannot discriminate against tenants with service animals by refusing to rent to them or by imposing different terms and conditions on their tenancy.
Service animals are defined as dogs that are trained to perform tasks for individuals with disabilities. These tasks can include:
- Guiding people who are blind or visually impaired
- Alerting people who are deaf or hard of hearing to sounds
- Providing support and stability for people with mobility impairments
- Performing other tasks that help people with disabilities live independently
Landlords must allow service animals in all areas of a rental property that are open to the public. This includes common areas like lobbies, hallways, and elevators, as well as individual rental units.
Landlords cannot require tenants to provide proof that their service animal is trained or certified. However, they can ask for a doctor’s note or other documentation that confirms the tenant’s disability and the need for a service animal.
If you are having trouble finding a landlord who is willing to rent to you with your service animal, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD can investigate your complaint and take action against landlords who discriminate against tenants with disabilities.
Additional Information
The following table provides additional information about service animals and reasonable accommodations:
| Characteristic | Service Animals | Emotional Support Animals |
|---|---|---|
| Definition | Dogs that are trained to perform tasks for individuals with disabilities | Animals that provide comfort or emotional support to people with disabilities |
| Housing Rights | Landlords cannot charge extra fees or deposits for service animals | Landlords are not required to allow emotional support animals |
| Access to Public Places | Service animals are allowed in all areas of a public building | Emotional support animals are not allowed in all areas of a public building |
| Documentation | Landlords cannot require proof that a service animal is trained or certified | Landlords can require documentation from a doctor or mental health professional that an emotional support animal is necessary |
Landlord Responsibilities and Service Animals
Under the Fair Housing Act, landlords are prohibited from discriminating against tenants with disabilities. This includes refusing to rent to someone because they have a service animal. Landlords are also required to make reasonable accommodations for service animals, such as allowing them in common areas and providing access to elevators and other facilities.
What Qualifies as a Service Animal?
- A service animal is defined as a dog that is trained to perform tasks for an individual with a disability.
- This can include tasks such as guiding someone who is blind, pulling a wheelchair, alerting someone to a medical condition, or providing emotional support.
Landlord’s Rights and Responsibilities
Landlords have the right to request documentation that an animal is a service animal. However, landlords cannot charge extra fees or deposits for service animals. Landlords are also not allowed to evict a tenant because they have a service animal.
Tenant’s Responsibilities
- Service animals must be kept under control at all times.
- This means that they must be leashed when in public areas and must not be allowed to bark or cause disturbances.
- Tenants are responsible for cleaning up after their service animals.
Resolving Disputes
If a landlord and tenant cannot agree on a reasonable accommodation for a service animal, they may need to go through a mediation or arbitration process. In some cases, they may also need to go to court.
| Landlord’s Responsibilities | Tenant’s Responsibilities |
|---|---|
| Cannot charge extra fees or deposits for service animals | Keep service animals under control at all times |
| Must make reasonable accommodations for service animals | Clean up after service animals |
| Cannot evict a tenant because they have a service animal | Comply with landlord’s reasonable requests, such as providing documentation that the animal is a service animal |
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