In the United States, it’s illegal for landlords to charge extra fees or deposits for tenants with service animals. A service animal is an animal that is trained to perform specific tasks, such as guiding a person who is blind or deaf, or alerting a person who has seizures. The Fair Housing Act protects the rights of people with disabilities, including the right to have a service animal. If a landlord tries to charge a tenant for a service animal, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Reasonable Accommodation vs. Auxiliary Aids
The Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities in housing. This includes the right to have a service animal or an emotional support animal in one’s home, even if the landlord has a “no pets” policy. However, there are some important distinctions between service animals and emotional support animals, and landlords are not required to provide auxiliary aids or services for emotional support animals.
Service Animals
- Trained to perform specific tasks for individuals with disabilities
- Examples: guide dogs for the blind, hearing dogs for the deaf, mobility dogs for individuals with mobility impairments, and psychiatric service dogs for individuals with mental health disabilities
- Landlords cannot charge extra fees or deposits for service animals
- Landlords must make reasonable accommodations for service animals, such as allowing them in the rental unit and in common areas
Landlords are not required to provide auxiliary aids or services for service animals, such as providing a specific type of food or water bowl or providing a dog bed.
Emotional Support Animals
- Provide comfort and emotional support to individuals with disabilities
- Do not have to be trained to perform specific tasks
- Landlords are not required to accommodate emotional support animals
- Landlords may charge extra fees or deposits for emotional support animals
Landlords must make reasonable accommodations for emotional support animals, such as allowing them in the rental unit and in common areas. However, landlords are not required to provide auxiliary aids or services for emotional support animals.
| Service Animal | Emotional Support Animal | |
|---|---|---|
| Definition | Trained to perform specific tasks for individuals with disabilities | Provide comfort and emotional support to individuals with disabilities |
| Examples | Guide dogs for the blind, hearing dogs for the deaf, mobility dogs for individuals with mobility impairments, and psychiatric service dogs for individuals with mental health disabilities | Dogs, cats, rabbits, birds, or other animals that provide comfort and emotional support |
| Landlord Fees | Cannot charge extra fees or deposits | May charge extra fees or deposits |
| Landlord Accommodations | Must make reasonable accommodations | Must make reasonable accommodations |
| Auxiliary Aids or Services | Not required to provide | Not required to provide |
Defining a Service Animal
A service animal is a dog that is specifically trained to perform helpful tasks for a person with a disability. These animals provide assistance with a variety of tasks, such as opening doors, picking up items, and helping with mobility.
Qualifying Conditions for Service Animals:
- Autism
- Blindness or low vision
- Deafness or hard of hearing
- Diabetes
- Depression
- Intellectual disability
- Mobility impairment
- Post-traumatic stress disorder (PTSD)
- Seizure disorder
Landlords are not allowed to charge extra fees for service animals, as they are considered necessary medical equipment for people with disabilities. In addition, landlords cannot refuse to rent to someone who has a service animal, and they cannot ask about the nature of the person’s disability.
| What Landlords Can Do | What Landlords Cannot Do |
|---|---|
| Ask for proof that the animal is a service animal (e.g. a training certificate) | Charge extra fees for the service animal |
| Request the removal of the service animal if it poses a direct threat to the health or safety of others | Refuse to rent to someone because they have a service animal |
| Ask about the person’s disability | Ask what tasks the service animal performs |
If you are a landlord and you have questions about your obligations regarding service animals, you should contact your local fair housing agency.
Exceptions and Limitations to Charging for Service Animals
While landlords generally cannot charge fees or deposits for service animals, there are a few exceptions and limitations to this rule.
1. Pet Deposit
Landlords may charge a pet deposit for animals that are not service animals. This deposit is typically refundable at the end of the tenancy, provided that the animal does not cause any damage to the property.
2. Cleaning Fees
Landlords may also charge a reasonable cleaning fee if a service animal causes damage to the property. This fee must be related to the actual cost of cleaning or repairing the damage.
3. Service Animal Certification
In some cases, landlords may request proof that an animal is a legitimate service animal. This proof may include a letter from a doctor or therapist, or a certification from a service animal training program.
4. Reasonable Accommodations
Landlords are required to make reasonable accommodations for tenants with service animals. This may include allowing the animal to live in the unit, even if the landlord has a no-pet policy. Landlords may also be required to provide access to common areas, such as pools and gyms.
5. State and Local Laws
Some states and localities have laws that further restrict a landlord’s ability to charge fees or deposits for service animals. It is important to check the laws in your jurisdiction to see if there are any additional protections for tenants with service animals.
| Situation | Landlord Can Charge |
|---|---|
| Pet deposit for non-service animals | Yes |
| Cleaning fees for damage caused by a service animal | Yes |
| Proof of service animal certification | Sometimes |
| Reasonable accommodations for service animals | No |
| Fees or deposits for service animals (state or local laws may vary) | No |
Landlord Liability and Insurance
Landlords have a legal obligation to provide tenants with reasonable accommodations for service animals. This includes allowing the animal to live in the rental unit and allowing the tenant to use common areas with the animal. Landlords cannot charge a pet deposit, pet fee, or other extra charge for a service animal. They also cannot evict a tenant because of a service animal.
Some landlords may be concerned about the potential damage that a service animal could cause to their property. However, there are insurance policies available that can protect landlords from this type of damage. These policies typically cover damage caused by accidents, such as a dog scratching the floor or a cat knocking over a vase. Landlords may also want to consider charging a security deposit to cover any potential damages caused by a service animal.
| Landlord Liability | Landlord Insurance |
|---|---|
| Must provide reasonable accommodations for service animals | Can purchase insurance to cover damage caused by service animals |
| Cannot charge a pet deposit, pet fee, or other extra charge for a service animal | Insurance policies typically cover damage caused by accidents |
| Cannot evict a tenant because of a service animal | Landlords may also want to consider charging a security deposit to cover any potential damages caused by a service animal |
Hey there, peeps! Thanks for hanging out with me and learning about the whole “Can Landlord Charge for Service Animal” sitch. I know it can be a bit of a head-scratcher, but hopefully, I’ve shed some light on the subject. If you’ve got any more questions, feel free to drop me a line. In the meantime, keep your eyes peeled for more fascinating stuff coming your way. Until next time, keep exploring and learning, my friends!