A landlord cannot refuse to rent to a person with a service dog. This is a violation of the Fair Housing Act. Service dogs are animals that are trained to perform tasks for people with disabilities. They are not pets. Landlords must allow people with disabilities to live with their service dogs in their apartments or houses. If a landlord refuses to rent to someone with a service dog, the person can file a complaint with the Department of Housing and Urban Development (HUD). HUD will investigate the complaint and may take action against the landlord, including fines or even criminal charges.
Fair Housing Act and Service Animals
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several characteristics, including disability. The FHA defines service animals as dogs that are individually trained to do work or perform tasks for people with disabilities. Service animals are not pets, and landlords are required to make reasonable accommodations for them in housing.
Rights and Responsibilities of Landlords and Tenants
- Landlords cannot:
- Refuse to rent to a person with a disability because they have a service animal.
- Charge a pet deposit or fee for a service animal.
- Require a person with a disability to provide proof of the animal’s training or certification.
- Restrict the use of service animals in common areas of the property.
- Evict a person with a disability because they have a service animal.
- Landlords can:
- Ask a person with a disability if their animal is a service animal.
- Ask what tasks the animal is trained to perform.
- Ask for documentation that the animal is a service animal if there is a legitimate concern about the animal’s behavior.
- Tenants with service animals must:
- Keep their animals under control at all times.
- Clean up after their animals.
- Not allow their animals to cause damage to the property.
What is Considered a Service Animal?
Under the FHA, a service animal is defined as a dog that has been trained to perform tasks that mitigate a person’s disability. Some examples of tasks that service animals may be trained to perform include:
- Guiding people who are blind or have low vision.
- Alerting people who are deaf or hard of hearing to sounds.
- Pulling a wheelchair.
- Picking up objects.
- Providing emotional support.
Discrimination Against Service Animals
If you believe that you have been discriminated against because of your service animal, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also file a lawsuit in federal court.
| Accommodation | Example |
|---|---|
| A landlord must allow a tenant with a disability to keep a service animal in their housing unit, even if the landlord has a no-pets policy. | A landlord cannot refuse to rent to a blind tenant with a guide dog because they have a no-pets policy. |
| A landlord cannot charge a pet deposit or fee for a service animal. | A landlord cannot charge a tenant with a disability a pet deposit or fee for their service animal. |
| A landlord must remove architectural barriers that make it difficult for people with disabilities to access and use housing units. | A landlord must install a ramp or elevator in a building to make it accessible to a tenant with a disability who uses a wheelchair. |
| A landlord must make reasonable accommodations to policies, practices, or procedures to allow people with disabilities to use and enjoy their housing units. | A landlord must allow a tenant with a disability to keep their service animal in their housing unit, even if the landlord has a no-pets policy. |
Understanding Service Animals
Service animals are defined as dogs that are individually trained to do work or perform tasks for an individual with a disability.
Landlord’s Obligations
- Under the Fair Housing Act (FHA), landlords are prohibited from discriminating against tenants with disabilities, including those who use service animals.
- Landlords are required to make reasonable accommodations for service animals, such as allowing them in common areas and inside the tenant’s unit.
- Landlords cannot charge extra fees or deposits for tenants with service animals.
What is Not a Service Animal
- Pets or emotional support animals are not considered service animals under the FHA.
- Landlords are not required to accommodate pets or emotional support animals in the same way that they are required to accommodate service animals.
Tenant’s Responsibilities
- Tenants with service animals are responsible for controlling their animals and ensuring that they do not cause damage to the landlord’s property.
- Tenants must also keep their service animals up-to-date on vaccinations and provide proof of vaccination to the landlord.
Resolving Disputes
- If a landlord and tenant have a dispute about a service animal, they should try to resolve it through informal negotiation.
- If the dispute cannot be resolved informally, the tenant may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
| Service Animal vs. Emotional Support Animal | |
|---|---|
| Service Animal | Emotional Support Animal |
| Individually trained to perform tasks for a person with a disability | Provides comfort or emotional support |
| Recognized under the Fair Housing Act (FHA) | Not recognized under the FHA |
| Landlords must make reasonable accommodations | Landlords not required to make accommodations |
Reasonable Accommodation for Service Dogs
According to 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 refuse to rent to a tenant with a service dog. Landlords are also required to allow service dogs to accompany their handlers in all areas of the property, including common areas and individual units. The FHA defines a service animal as a dog that is trained to perform tasks for an individual with a disability. Common tasks include guiding people who are blind, pulling wheelchairs, picking up objects, and alerting people to sounds or smells.
What Landlords Can and Cannot Do
- Landlords can:
- Ask for documentation that the dog is a service animal. This documentation can include a letter from a doctor or a training organization.
- Ask what tasks the dog is trained to perform.
- Charge a reasonable pet deposit. However, landlords cannot charge a pet fee for a service animal.
- Landlords cannot:
- Refuse to rent to a tenant with a service dog.
- Charge a pet fee for a service animal.
- Restrict the dog’s access to any part of the property.
- Require the dog to be muzzled or leashed at all times.
Steps to Take if a Landlord Refuses a Service Dog
If a landlord refuses to make reasonable accommodations for a tenant with a service dog, the tenant can take the following steps:
- Send a letter to the landlord explaining the FHA’s requirements and asking the landlord to reconsider.
- If the landlord does not respond or still refuses to make accommodations, the tenant can file a complaint with the Department of Housing and Urban Development (HUD).
- The tenant can also file a lawsuit against the landlord in federal court.
- The FHA’s definition of a service animal does not include emotional support animals.
- Landlords are not required to provide special accommodations for emotional support animals.
- However, some states and cities have laws that protect emotional support animals.
- A service dog is a dog that is trained to perform tasks for an individual with a disability. Tasks that a service dog may be trained to perform include:
- Guiding individuals who are blind or visually impaired
- Alerting individuals who are deaf or hard of hearing to sounds
- Pulling a wheelchair
- Picking up dropped items
- Opening doors
- Providing emotional support
- Service animals are not required to be certified or licensed. However, landlords may ask for documentation from a healthcare professional that verifies that the tenant has a disability and that the service animal is necessary for the tenant’s disability.
- Landlords have the right to request documentation from a healthcare professional that verifies that the tenant has a disability and that the service animal is necessary for the tenant’s disability.
- Landlords cannot ask for specific information about the tenant’s disability or the service animal’s training and experience.
- Landlords are not permitted to deny a tenant access to a particular unit on the basis of the size of the service animal.
HUD offers a free guidebook that provides more information about service animals and the rights of tenants with disabilities. The guidebook is available online at HUD.gov.
Additional Information:
| Disability-Related Inquiry or Request | Permitted | Not Permitted |
|---|---|---|
| May a housing provider ask if an applicant has a disability? | Yes, if the disability is not apparent | No |
| May a housing provider ask what kind of disability an applicant has or the cause of the disability? | No | Yes, if the disability is not apparent |
| May a housing provider ask if an applicant is using a service or emotional support animal? | Yes | No |
| May a housing provider ask about the nature or extent of an applicant’s disability? | No | Yes, after a conditional offer (except for readily observable disabilities) |
| May a housing provider ask about the applicant’s history of disability? | No | Yes, after a conditional offer (except for readily observable disabilities) |
Landlord’s Responsibilities When it Comes to Service Dogs
Under the Fair Housing Act, landlords are prohibited from discriminating against tenants with disabilities, including those who use service animals. This means that landlords must allow tenants to keep service animals in their rental units, even if the landlord has a no-pets policy. Landlords are also responsible for making reasonable accommodations for tenants with service animals, such as installing grab bars in the bathroom or providing a ramp for a wheelchair.
Discrimination Based on Service Animals
It is illegal for landlords to discriminate against tenants based on their use of service animals. This includes refusing to rent to a tenant with a service animal, charging a pet deposit or pet rent for a service animal, or evicting a tenant because they have a service animal.
What Qualifies as a Service Animal?
Landlord’s Right to Request Documentation
Landlord’s Right to Refuse Service Animals
In some cases, a landlord may be able to refuse a service animal if the animal poses a direct threat to the health or safety of others. For example, a landlord may be able to refuse a service animal that is aggressive or that has a history of biting.
| Landlord’s Responsibilities | Tenant’s Responsibilities |
|---|---|
| Allow tenants to keep service animals in their rental units | Maintain control of their service animal in public places |
| Make reasonable accommodations for tenants with service animals | Be responsible for any damage caused by their service animal |
| Not charge a pet deposit or pet rent for a service animal | Provide proof of disability from a health care provider |
| Not evict a tenant because they have a service animal | Have the service animal wear a vest or harness that identifies it as a service animal |
Alright, here’s the closing paragraph you requested:
Well, folks, that’s all we have for you today on the topic of landlords and service dogs. I hope you found this article informative and helpful. If you have any further questions or concerns, be sure to consult with a qualified attorney or housing expert. Thanks for reading, and be sure to visit again soon for more informative and engaging content.