Landlords are legally prohibited from denying tenants with disabilities service dogs. Service dogs are specially trained to assist people with disabilities and are not considered pets. Federal and state laws protect the rights of tenants with disabilities and their service animals. Landlords cannot deny housing to a person with a disability because they have a service animal or charge extra fees or deposits for the animal. If a landlord denies you housing because of your service dog, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the state or local fair housing agency.
Fair Housing Act (FHA) Protection
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including disability. This law protects individuals with disabilities from being denied access to housing or from being discriminated against in terms of the terms, conditions, or privileges of their tenancy. The FHA also requires landlords to make reasonable accommodations for individuals with disabilities, including allowing them to keep service animals in their housing.
Landlords are generally prohibited from denying housing to individuals with disabilities or from discriminating against them in terms of the terms, conditions, or privileges of their tenancy. This includes refusing to rent to someone with a disability, charging a higher rent or security deposit, or imposing different terms or conditions on the tenancy.
Reasonable Accommodations
Landlords are required to make reasonable accommodations for individuals with disabilities, including allowing them to keep service animals in their housing. A reasonable accommodation is a modification or adjustment to a housing policy, practice, or procedure that is necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling.
- Examples of reasonable accommodations for service animals include:
- Allowing the service animal to live in the housing unit, even if pets are not generally allowed.
- Waiving pet fees or deposits.
- Providing a designated area for the service animal to relieve itself.
Documentation
Landlords may request documentation from individuals with disabilities to verify the disability and the need for a service animal. This documentation may include a letter from a healthcare provider or a statement from the individual explaining the disability and the need for the service animal.
Landlords are not allowed to ask about the specific nature of the disability or to request medical records. They are also not allowed to charge a fee for the documentation.
Enforcement
Individuals who believe they have been discriminated against because of a disability can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD will investigate the complaint and may take action to enforce the FHA, including issuing a cease-and-desist order or imposing fines.
Individuals who file a complaint with HUD may also be able to file a lawsuit in federal court. Landlords who violate the FHA may be ordered to pay damages to the individual who was discriminated against.
Conclusion
The FHA protects individuals with disabilities from being discriminated against in housing. This protection includes the right to keep service animals in their housing. Landlords are required to make reasonable accommodations for service animals, and they cannot deny housing to individuals with disabilities because they have a service animal.
| Landlord Action | Permitted | Prohibited |
|---|---|---|
| Refusing to rent to someone with a disability | No | Yes |
| Charging a higher rent or security deposit | No | Yes |
| Imposing different terms or conditions on the tenancy | No | Yes |
| Evicting a tenant because they have a disability | No | Yes |
| Refusing to make reasonable accommodations for a disability | No | Yes |
Service Animals and Landlord Responsibilities
Individuals with disabilities are entitled to equal access to housing, including the right to keep service animals in their homes. Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals in their property. As a landlord, it’s crucial to understand your obligations and responsibilities regarding service animals.
Reasonable Accommodation for Disability:
- No Pet Fees or Deposits: Landlords cannot charge additional pet fees or deposits for service animals.
- No Breed or Size Restrictions: Landlords cannot impose breed or size restrictions on service animals.
- No Requirement for Special Training: Landlords cannot require service animals to undergo special training or certification.
- No Questions About Disability: Landlords cannot ask tenants about their disability or require documentation, except as permitted by law.
- Modification of Policies: Landlords may need to modify their policies to accommodate service animals, such as allowing them in common areas or making exceptions to no-pet rules.
Question: Can a landlord deny my service dog?
Answer: No. As per the Fair Housing Act, landlords cannot deny housing to individuals with disabilities or refuse to make reasonable accommodations for their service animals.
| Service Animal | Emotional Support Animal |
|---|---|
|
– Task-trained to perform specific tasks for a disability. – Trained to perform tasks directly related to a person’s disability. – Must be used by an individual with a disability. |
– Provides comfort or emotional support due to a disability, but not task-trained. – Does not have specific tasks to perform for a disability. – May be used by individuals without a disability. |
Note: Landlords can ask tenants to remove service animals from their property only if they pose a direct threat to the health and safety of others, or if they cause significant property damage. However, landlords must engage in an interactive process with the tenant to explore alternatives before denying access to the service animal.
Legitimate Safety, Health, and Property Concerns
While landlords are generally required by law to make reasonable accommodations for tenants with disabilities, there are some legitimate circumstances in which they may be able to deny a request for a service dog. These circumstances typically involve safety, health, or property concerns.
Safety Concerns
- The service dog is aggressive or poses a threat to other tenants or staff.
- The service dog is not properly trained and may cause damage or injury.
- The service dog’s presence would create a safety hazard, such as blocking a fire escape or emergency exit.
Health Concerns
- The service dog has a contagious disease that could pose a health risk to other tenants or staff.
- The service dog’s presence would exacerbate a tenant’s allergies or asthma.
Property Concerns
- The service dog would cause excessive damage to the landlord’s property.
- The service dog’s presence would create a nuisance for other tenants, such as by barking or whining excessively.
| Concern | Potential Accommodation |
|---|---|
| Safety | Require the tenant to provide proof of the service dog’s training and temperament. |
| Health | Request a letter from the tenant’s doctor stating that the service dog is necessary for their disability and does not pose a health risk. |
| Property | Charge a reasonable pet deposit to cover any potential damage caused by the service dog. |
In all cases, the landlord must be able to demonstrate that the denial of the request for a service dog is based on a legitimate safety, health, or property concern. They cannot simply deny the request because they do not want to allow pets in their building.
If a landlord denies a request for a service dog, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD can investigate the complaint and take action against the landlord if they find that the denial was discriminatory.
Landlord’s Right to Verify Service Animal
Landlords have the right to verify that an animal is a legitimate service animal. This is because service animals are not pets and are not subject to the same rules and regulations as pets. However, landlords cannot deny housing to someone with a disability because of their service animal. If a landlord believes that an animal is not a legitimate service animal, they must provide a reasonable accommodation for the person with a disability.
Here are some things that a landlord can do to verify that an animal is a service animal:
- Ask for a letter from the person’s doctor or other healthcare provider stating that the animal is a service animal.
- Ask for a demonstration of the animal’s task.
- Observe the animal’s behavior to see if it is well-behaved and under control.
If a landlord is not satisfied with the information provided by the person with a disability, they can request additional information or documentation. However, they cannot deny housing to the person with a disability because of their service animal.
| Landlord’s Responsibilities | Person with Disability’s Responsibilities |
| Must allow service animals in all areas of the property where members of the public are allowed | Must keep their service animal under control at all times |
| Cannot charge extra fees or deposits for service animals | Must clean up after their service animal |
| Must make reasonable accommodations for people with disabilities | Must provide documentation of their disability and their service animal |
Thanks for stopping by to read about your landlord’s obligations when it comes to service dogs. I hope you found the information helpful. If you still have questions, feel free to leave a comment. Be sure to check back soon for new articles about everything from renting and leasing to homeownership and maintenance.