Landlords cannot evict tenants for having service or emotional support animals. This is a violation of the Fair Housing Act, which prohibits discrimination based on disability. Landlords only can ask for documentation that the animal is a service or emotional support animal. If a landlord denies a tenant’s request for a service animal, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD). Even if the tenant has not filed a complaint, a landlord cannot retaliate against the tenant for requesting a service animal.
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’s definition of disability includes people with physical or mental impairments that substantially limit one or more major life activities. Service animals are considered an essential part of the lives of people with disabilities and are therefore protected by the FHA.
Who Qualifies as a Person with a Disability Under the FHA?
- A person who has a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, breathing, learning, or working.
- A person who has a history of such an impairment.
- A person who is regarded as having such an impairment, even if they do not have one.
What Is a Service Animal?
Under the FHA, a service animal is defined as a dog that is individually trained to do work or perform tasks for an individual with a disability.
- The task(s) performed by the service animal must be directly related to the person’s disability.
- Service animals are not required to be certified or licensed.
- Landlords are not allowed to charge extra fees or deposits for service animals.
Landlord’s Responsibilities Under the FHA
- Landlords must allow service animals in their housing, even if they have a “no pets” policy.
- Landlords cannot evict a tenant because they have a service animal.
- Landlords must make reasonable accommodations for service animals, such as allowing them to enter common areas or use elevators.
| Task | Examples |
|---|---|
| Guiding | Leading a person with visual impairment |
| Hearing | Alerting a person with hearing loss to sounds |
| Seizure response | Helping a person with epilepsy during a seizure |
| Mobility assistance | Pulling a wheelchair, opening doors, picking up objects |
| Behavioral intervention | Calming a person with PTSD or anxiety |
Tenant’s Responsibilities
- Tenants are responsible for the behavior of their service animals.
- Tenants must keep their service animals under control at all times.
- Tenants must clean up after their service animals.
What to Do If You Are Being Harassed or Evicted Because of Your Service Animal
- Contact the U.S. Department of Housing and Urban Development (HUD).
- File a complaint with HUD’s Fair Housing Assistance Program (FHA).
- You may also be able to file a lawsuit in federal court.
Discrimination Against Tenants with Disabilities
Landlords are prohibited by law from discriminating against tenants with disabilities. This includes refusing to rent to a tenant because they have a service dog. Service dogs are working animals that are trained to perform tasks for individuals with disabilities. They are not pets, and they are not considered to be pets under the Fair Housing Act.
Tenant Rights
- Tenants with disabilities have the right to live in housing that is safe, affordable, and accessible.
- They also have the right to make reasonable modifications to their unit in order to accommodate their disability.
- Landlords are required to make reasonable accommodations for tenants with disabilities, including allowing them to have a service dog.
Landlord Responsibilities
Landlords are responsible for providing housing that is accessible to people with disabilities. This includes providing ramps, handrails, and other features that make it easier for people with disabilities to move around their units.
Landlords are also responsible for making reasonable accommodations for tenants with disabilities. This includes allowing them to have a service dog. Landlords cannot charge extra fees for tenants with service dogs, and they cannot refuse to rent to tenants because they have a service dog.
Enforcement of the Fair Housing Act
The Fair Housing Act is enforced by the U.S. Department of Housing and Urban Development (HUD). HUD investigates complaints of discrimination and can take action against landlords who violate the law.
If you have been discriminated against by a landlord because you have a disability, you can file a complaint with HUD.
For More Information
For more information about the Fair Housing Act, visit HUD’s website or call HUD’s toll-free hotline at 1-800-669-9777.
| Accommodation | Description |
|---|---|
| Allowing the tenant to have a service dog in the unit | The landlord cannot charge extra fees for the service dog and cannot refuse to rent to the tenant because they have a service dog. |
| Making reasonable modifications to the unit to accommodate the service dog | This could include installing a ramp or handrails, or making the unit accessible to the service dog in other ways. |
| Training the landlord’s staff on how to interact with service dogs | This could include teaching the staff not to pet or feed the service dog, and not to ask the tenant about their disability. |
Conditions for Eviction of Tenants with Service Dogs
In general, landlords cannot evict tenants for having a service dog. However, there are a few specific circumstances in which a landlord may be able to evict a tenant with a service dog. Here is an overview of the general conditions under which a landlord may be able to evict a tenant with a service dog.
1. Violation of the Lease Agreement
If the tenant with a service dog violates the terms of the lease agreement, the landlord may be able to evict the tenant. However, the violation must be related to the tenant’s service dog and not to the tenant’s personal conduct. For example, if the tenant’s service dog causes damage to the property or if the tenant fails to clean up after the service dog, the landlord may be able to evict the tenant.
- Causing damage to the property
- Creating a nuisance
- Endangering the health and safety of others
- Violating the terms of the lease agreement
2. Health and Safety Risks
If the tenant’s service dog poses a direct threat to the health and safety of others, the landlord may be able to evict the tenant. For example, if the service dog is aggressive or if it has a contagious disease, the landlord may be able to evict the tenant. Furthermore, the landlord can evict the tenant if the presence of the service dog poses a fundamental alteration or failure of an essential function of the program or service provided by the landlord.
3. Unreasonable Accommodation
If the landlord can demonstrate that accommodating the tenant’s service dog would be an undue burden, the landlord may be able to evict the tenant. For example, if the landlord can show that the service dog would cause significant damage to the property or if it would create a significant safety risk, the landlord may be able to evict the tenant.
| Condition | Potential Outcome |
|---|---|
| Violation of Lease Agreement | Eviction |
| Health and Safety Risks | Eviction |
| Unreasonable Accommodation | Eviction |
If you are a tenant with a service dog and you are facing eviction, it is important to seek legal advice immediately. You may have legal rights that can protect you from eviction.
Documentation
To avoid eviction, it’s crucial to provide documentation of your service dog. This documentation can include:
- A letter from a healthcare professional stating your disability and need for a service dog.
- Proof of training for your service dog, such as a certificate from a reputable training program.
- Identification for your service dog, such as a vest or ID tag.
Additional Documentation
In some cases, your landlord may also request additional documentation, such as:
- A copy of your lease agreement, which should state that you’re allowed to have a service dog.
- A statement from your landlord acknowledging that they received your documentation and that they will not evict you for having a service dog.
Reasonable Accommodation
Landlords are required to make reasonable accommodations for tenants with disabilities. This means that they must allow tenants to have service dogs, even if their lease agreement does not specifically allow pets.
Reasonable accommodations can include:
- Waiving pet fees or deposits.
- Allowing the service dog to live in the unit, even if pets are generally not allowed.
- Providing a designated area for the service dog to relieve itself.
- Allowing the tenant to make modifications to the unit to accommodate the service dog, such as installing a ramp or grab bars.
| Accommodation | Example |
|---|---|
| Waiving pet fees or deposits | The landlord agrees to waive the $500 pet deposit for a tenant with a service dog. |
| Allowing the service dog to live in the unit | The landlord allows a tenant with a service dog to live in a unit that normally does not allow pets. |
| Providing a designated area for the service dog to relieve itself | The landlord provides a specific area in the yard for the tenant’s service dog to use as a bathroom. |
| Allowing the tenant to make modifications to the unit | The landlord allows a tenant with a service dog to install a ramp at the entrance to the unit. |
Note: Landlords are not required to make accommodations that would be an undue burden or that would fundamentally alter the nature of their property.
Thanks a bunch for sticking with me through this article. I hope you found it interesting and informative. If you have any more questions about service animals and your landlord, feel free to check out some of my other articles or shoot me a message. And don’t forget to swing by again soon for more legal tidbits. I’m always cooking up new stuff, so you never know what you might find.