Landlords cannot usually charge pet deposits or fees for service animals. This is because service animals are not considered pets. They are necessary medical equipment for people with disabilities. Charging a fee for a service animal would be like charging someone for using a wheelchair or hearing aid. In addition, it would be a violation of the Fair Housing Act, which prohibits discrimination against people with disabilities. Therefore, it is important for landlords to understand that they cannot charge extra for service animals.
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. Under the FHA, service animals are defined as animals that are trained to perform tasks for individuals with disabilities. Examples of service animals include guide dogs for the blind, hearing dogs for the deaf, and psychiatric service dogs for individuals with mental health disabilities.
The FHA prohibits landlords from charging pet deposits or fees for service animals. This is because service animals are not considered pets. They are considered necessary medical equipment for individuals with disabilities.
- Landlords must allow service animals in all housing, even if the housing has a no-pet policy.
- Landlords cannot charge extra fees or deposits for service animals.
- Landlords cannot evict tenants because they have service animals.
If you are a landlord and you are unsure whether an animal is a service animal, you can ask the tenant to provide documentation from a doctor or other qualified professional stating that the animal is a service animal. You can also ask the tenant to provide a demonstration of the animal’s tasks.
| Disability | Examples of Service Animals |
|---|---|
| Blindness | Guide dogs |
| Deafness | Hearing dogs |
| Mobility impairments | Mobility assistance dogs |
| Mental health disabilities | Psychiatric service dogs |
If you are a tenant with a disability and you are being discriminated against by your landlord because of your service animal, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Landlord’s Right to Request Proof of Service Animal
In the United States, landlords are generally prohibited from discriminating against tenants with disabilities, including those who use service animals. This means that landlords cannot charge pet deposits or fees for service animals, and they cannot refuse to rent to tenants with service animals.
Landlord’s Right to Request Proof of Service Animal
- Landlords may request documentation that the animal is a service animal.
- The documentation may include a letter from a healthcare professional, a form filled out by the tenant, or other evidence that the animal is a service animal.
- Landlords cannot charge a fee for this documentation.
If a landlord has a legitimate concern that an animal is not a service animal, they may ask the tenant to provide additional documentation, such as a veterinarian’s statement or a training certificate. However, the landlord cannot deny the tenant the use of their service animal based on a lack of documentation.
If a landlord denies a tenant the use of their service animal, the tenant may file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate the complaint and may take action against the landlord, including imposing fines or ordering the landlord to change their policies.
| Documentation | Description |
|---|---|
| Letter from a healthcare professional | The letter should be on the healthcare professional’s letterhead and should state that the animal is a service animal and is necessary for the tenant’s disability. |
| Form filled out by the tenant | The form should be provided by the landlord and should ask the tenant to provide information about their disability and how the animal helps them. |
| Training certificate | The certificate should be from a recognized service animal training program and should state that the animal has been trained to perform specific tasks for the tenant. |
Pet Deposit vs. Service Animal Fee
Understanding the difference between a pet deposit and a service animal fee is crucial for both landlords and tenants. The Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) provide specific guidelines regarding these fees and their legality.
Pet Deposit
- A refundable fee charged by landlords to cover potential damages caused by pets in a rental unit.
- Commonly used to cover expenses such as cleaning, repairs, or pest control.
- Usually a one-time fee paid at the beginning of the tenancy.
Service Animal Fee
- A fee paid by tenants who have service animals to cover the reasonable costs associated with the animal’s presence in the rental unit.
- Not a pet deposit and cannot be used for the same purposes.
- Must be reasonable and directly related to the service animal’s presence.
- Cannot be charged to tenants who have emotional support animals (ESAs).
Landlords are legally prohibited from charging a security deposit for service animals. They can only charge a service animal fee that is reasonable and covers the actual costs associated with the animal’s presence. These costs may include:
- Cleaning or repairing damages caused by the service animal
- Reasonable accommodation modifications to the unit
- Pet waste removal
| Pet Deposit | Service Animal Fee | |
|---|---|---|
| Purpose | To cover potential damages caused by pets | To cover reasonable costs associated with the service animal’s presence |
| Legality | Legal for landlords to charge | Legal for landlords to charge, but must be reasonable and related to the service animal |
| Refundability | Refundable at the end of the tenancy | Not refundable, as it is not a security deposit |
It is important to note that landlords cannot deny housing to individuals with service animals or charge them a pet deposit. Refusing to accommodate service animals is a violation of the FHA and ADA. Tenants who are denied housing or charged illegal fees can file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Reasonable Accommodation for Service Animals
The Fair Housing Act (FHA) prohibits landlords from discriminating against tenants with disabilities, including those who use service animals. This means that landlords cannot charge pet deposits or fees for service animals, and they must make reasonable accommodations to allow tenants to keep their service animals in their rental units.
What is a Service Animal?
A service animal is a dog that has been trained to perform tasks for an individual with a disability. These tasks can include anything from guiding a person who is blind to alerting a person who is deaf to sounds. Service animals are not pets, and they are not covered by the same laws as pets.
Landlord’s Responsibilities
- Landlords must allow tenants with disabilities to keep their service animals in their rental units, even if the landlord has a no-pets policy.
- Landlords cannot charge pet deposits or fees for service animals.
- Landlords must make reasonable accommodations to allow tenants to keep their service animals, such as providing a designated relief area for the animal.
- Landlords cannot evict a tenant because of their service animal.
Tenant’s Responsibilities
- Tenants must keep their service animals under control at all times.
- Tenants must clean up after their service animals.
- Tenants must provide proof that their animal is a service animal, such as a letter from a doctor.
- Tenants must comply with all other reasonable rules and regulations of the landlord.
| Landlord | Tenant |
|---|---|
| Cannot charge pet deposits or fees for service animals. | Must keep service animal under control at all times |
| Must make reasonable accommodations for service animals. | Must clean up after service animal. |
| Cannot evict tenant because of service animal. | Must provide proof that animal is a service animal. |
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