Rental property owners are entitled to create their own pet policies, but what happens when a tenant comes to you requesting that you change your policy to accommodate their service animal?
Unfortunately, there seems to be a lot of ambiguity regarding a landlord’s responsibility for accommodating service animals on their rental property. In order to stay on top of this situation, landlords and property managers need to get educated on federal, state, and local laws.
Rather than face claims of discriminatory behavior, you will benefit from learning about the different types of assistance animals and what conditions make it possible for a tenant to require you rent to him and his animal.
Simply put, you have to allow service animals in your rental property if the tenant or applicant qualifies for reasonable accommodation and if they have a verifiable need for an assistance animal.
Here are the basic guidelines for landlords and property managers, as outlined by The Department of Housing and Urban Development (HUD) in regards to service animals at rental properties.
- Service animals are not considered pets, therefore a housing providers “pet policy” does not apply to service animals.
- Service animals are allowed wherever a person may go, including restricted animal areas like food establishments
- Landlords cannot collect a pet deposit or charge a pet fee to persons with a service animal (since they are not technically considered pets)
- Landlords cannot enforce weight limits or breed restrictions for service animals
- Landlords can require written verification from the tenant’s health care provider that they are disabled but cannot ask for any specifics about the disability
- Landlords can require written verification from the tenant’s health care provider that the service animal is medically necessary
- Landlords can write warnings or even evict a tenant with an assistance animal is disturbing others, posing a threat to others or causing considerable damage to the property.
- Landlords can charge a tenant for any property damage an assistance animals causes on the property.
- Landlords can request copies of the animal’s health records to prove the animal is in good health, parasite-free and immunized/vaccinated.
Tenant requests for assistance animals are legally enforceable if the renter qualifies for reasonable accommodation.
The Department of Housing and Urban Development (HUD) provide further clarification on service animals and assistance animals to help housing providers understand their responsibility when it comes to reasonable accommodation.
Legal Protections for Tenants with Assistance Animals
If a housing provider prohibits pets on the property, a tenant may request reasonable accommodations in order for an assistance animal to live there. Reasonable accommodation is when a tenant asks a landlord to change an existing rule or policy to have an equal opportunity to enjoy the unit and property.
According to the Fair Housing Act(FHA) and the American Disabilities Ac (ADA)t, a tenant may qualify for reasonable accommodations for disabilities if the following conditions are met:
- Have a physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, working, cleaning, dressing, and so forth)
- Have a history of such impairments
- Be regarded as having such impairments
The situation is complicated by the fact that a landlord is limited by the amount of information he can ask an applicant or tenant about any disabilities. Numerous laws have been enacted to protect the privacy of individuals with disabilities and to ensure they receive fair housing opportunities.
Lawmakers have created further protections of individuals with disabilities by clarifying that people with disabilities may request reasonable accommodations for any assistance animals, including emotional support animals.
HUD gives further guidance to housing providers about how to go about determining the validity of reasonable accommodation for assistance animals. You can find a complete version of these rules here.
Types of Assistance Animals
Landlords may find themselves in situations where they need to provide reasonable accommodation for assistance animals. Typically, you will find yourself dealing with 2 types of assistance animals – service animals and companion animals.
Service Animals
According to the Americans with Disabilities Act, a true service animal is a dog trained to provide assistance to the owner who has a disability. The task(s) performed by the dog must be directly related to the person’s disability.
The ADA gives the following examples of a service animal:
- A person with diabetes may have a dog that is trained to alert him when his blood sugar is low.
- A person with depression may have a dog that is trained to remind her to take her medication.
- A person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure.
The key factor that differentiates a service animal over a pet is training and certification. Service animals are carefully trained by experts to do their tasks and are subsequently licensed. A service animal’s owner will possess identification papers and the animal will usually wear some kind of identification collar or harness (but not always). Service animals are generally well trained, well behaved, and cause minimal damage.
Companion Animals
Companion animals, emotional support animals (ESA), therapy animals are terms used to describe animals that provide comfort just by being with a person. Studies have shown that people disabled with conditions like anxiety, depression, autism or post-traumatic stress can alleviate symptoms with an emotional support animal. Companion animals do not need to go through special training and an individual can qualify for an emotional support animal with a doctor’s approval.
Because companion animals or ESA have not been trained to perform a specific task or job, they do not qualify as service animals under the ADA. The ADA does not give individuals with companion animals the same opportunities as service animals to bring the animal with them to public places where pets are prohibited.
Landlords’ Responsibility to Service Animals and Companion Animals
Although the ADA treats companion animals differently than service animals, the Federal Fair Housing laws treat them similarly. Companion animals do qualify for reasonable accommodations under the Fair Housing Act and enforced by HUD.
If the conditions outlined above are met, where an individual has a verified need for an assistance animal or a companion animal, the landlord or property manager must provide a reasonable accommodation and allow the animal on the property.
In some states, a companion animal is only allowed in the rental unit and not in community spaces of the property, like the pool area or recreation room.
As always, the rules vary by state and you should find an attorney to help you understand your state’s specific laws regarding your responsibilities and rights for providing reasonable accommodation to assistance animals.
This article was originally posted in May 2016.
I would like to be able to cite this, but I can’t open the pdf you reference: “You can find a complete version of these rules here.” Can you verify if the link is working for you? Is there another link or search term you could recommend to get to that file? I have tried searching for it using what seemed like obvious search terminology, but to no avail.
Thank you.
Hi B,
I was able to open the pdf you are trying to access via the link above. Although it did take a long time to load. I am re-posting the link for you here: https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf.
You can also try to Google “Hud service animal”, the report popped on the top of the Google list for me. Let me know if that works for you!
There are exemptions to this rule
Property managers/landlords are NOT required to make a reasonable accommodation under the Fair Housing Act for ESAs or Service Animals in these cases:
Buildings with 4 or less units where the landlord occupies one of the units
Single family housing sold or rented without a real estate broker
Hotels and Motels are not considered dwellings under the FHA but are considered places of public accommodation under the Americans with Disabilities Act
Private Clubs
Thanks for pointing this out Bob! It is very helpful.
Kaycee, I have a vacation rental (single family lake house) that is rented by the week. We rent it using VRBO, if Bob is correct above we don’t have to allow ESA, or is VRBO considered a real estate broker?
Hi Mark, The Fair Housing Act and ADA do not apply in the same manner for transitory lodging as they do for housing. Yet there still are some considerations. To help, I was able to research and find this page that detail the VRBO guidelines that might be useful: VRBO Service Animal Policy
Thank you. This has been very informative as I am a tenant. And wanted to know what the other side was playing. That’s covered. Dude. Give me Your Best Shot
Hi Bob (and Kaycee),
I own a property in Maui, Hawaii with a house and cottage. I live in one dwelling and rent two units out in the other. I have a registered medical alert service animal. After relocating back to Maui, my dog (who is also a senior) has become territorial of me and the property- things we are working on in training. I had a tenant apply for an open unit, even though my ad briefly explained that there is already a service animal on property and we could not accommodate another. This started a barrage of harassing and threatening emails saying I was discriminating against her (the potential renter with a service animal). I answered politely, but am concerned about this matter greatly.
I did find one brief mention in an article about being able to refuse a service animal if it would potentially cause a hardship to others on the property.
I was also intrigued by Bob’s comment that an application can be denied if a property is 4 or less units and the owner lives on property. In my case the buildings are separate but in close proximity.
Do either of you have an opinion on my situation or any resources I might research related to my situation?
Mahalo,
Dara
Hi Darla, I dug a little further and it appears the Federal exemptions are limited to either a single building with no more than 4 units in which one is occupied by the owner, or owners with 2-3 single-family homes not managed by a broker.
Very important to note that even if an owner is exempt from the FHA, they are still obligated to follow state and local anti-descrimination laws. From my limited understanding and research, it appears in Hawaii the exemptions apply only to an owner-occupied two-unit building (like a duplex) or renting out a bedroom.
Being in full compliance isn’t a guarantee against someone filing a discrimination claim at the State and Federal level or from the State or FHA ruling in their favor. Because of the nuances of your particular situation and serious nature of the allegations, I would recommend contacting the Hawaii Civil Rights Commission (contact information is in the link above) and speak to an attorney familiar with housing discrimination law in your State.
I am in California and showing a home, a single family home. There are people indicated that they have service animals, during the open house, I am fear of safety of everyone. How can I protect everyone’s safety? My husband and I are afraid of dog, I have been bitten twice and my husband is fearful of dog. My child has also been bitten by my neighbor’s dog.
It’s difficult when you have a personal history with aggressive dogs. I would highly suggest you reach out to your local HUD office and your local housing authority to discuss if there are any exceptions or suggestions they would have on how to handle your situation. Contact your city or county office to locate your housing division and here is a link to the California HUD offices:
https://www.hud.gov/states/california/offices
We currently have a tenant who lived in our rental property for 7 month without the pet (per our lease contract). 2 weeks ago we were informed that there is a dog lives on our property. We informed our management co about it. Management co replied to us that the tenant was watching their parent’s dog and want to keep it as theirs. They also offered
$ 500 Pet deposit . We have 1 year old carpet and newly painted walls in our rental, and it did cost around $ 5000 . We asked to add pet rent of $ 50 per month to an addition to pet rent and add the dog to renter’s insurance.
Management co first made an attempt to negotiate and then sent us an email stating that the tenant said that their dog is ESA and the tenant in the process of the documents, and no deposit or pet fee will be allowed. My question is :should we consider that the dog is unauthorized dog or an ESA dog per management? What action we can legally take to protect our rights and property from potential damages from the dog.
Our management is dual agency. We feel that they do not protect us . They are taking the tenant’s side.
Can you please help us with your advice?
Thanks,
Mark
I wouldn’t be so quick to blame the management as they are pretty backed into a corner with this one. ESA are protected under the Federal Fair Housing Act and there isn’t much protection for landlords, property managers or housing providers.
If the tenant does not have the current paperwork stating that the animal is ESA and a doctors note stating the medical need for an ESA, then you can consider the tenant in breach of contract per your current “no pets allowed” policy stated in your lease. If there is nothing specific in your lease about pets, then you are truly out of luck. You can give the tenant xx number of days to prove the medical need for an ESA required per your pet policy, and fine the tenant, if it says so in your lease or issue a cure or quit notice.
I would ask your property manager to please handle this immediately. If the tenant produces the proper paperwork immediately, then there isn’t much you can do. If it takes a few days or weeks, I would seriously question the medical need for this ESA.
This particular situation sounds like a tenant who wants to keep a pet and avoid paying additional fees, rent or a deposit, so they googled how to get approved for an ESA. Or these tenants might have a legitimate need for an ESA. The point is, you cannot get mad at your property manager for following federal law. But you should write your congressman and ask them to please put regulations in place for ESA and rental housing so landlords feel their investments and properties are properly protected.
I would also ask your property manager what kind of policies they have in place for ESA. IF they have none, you should work on creating some so you feel more comfortable if this situation comes up in the future.
It was stated that a service dog will have a license or certification isn’t always the case. Service animals trained at facilities will be presented such paperwork but owner trained animals are no less valid and have no such paperwork, unless they buy into the internet certificate scams, which I refuse to do.
Hey Mark,
I am an owner of an ESA. I recently needed to move and I was denied at over 70 places. I almost ended up being homeless because nobody would rent to me. Also in regards to Darla’s post..
Darla, please understand that the person you were speaking with is probably facing similar circumstances. I politely responded to every discriminatory message about my dog and after a while it was hard to be polite. All of the so called “landlords” should already be up to date and aware of all the laws in their state. So for Mark, I would say if you have any concerns about the animal, it’s as easy as adding it to the lease. I told every personal that I applied with that he is well trained, with all vaccination records as well as past rental history. No one would even bother to check mine once they saw “ESA”. That’s the part that makes it a descrimination issue. Please put yourselves in these people’s shoes and at least meet the animal in person so you can see first hand it’s personality and behavior (especially if another animal is already in the house). Also, you can require they have an actual doctor in the state where you live write that this person’s animal is legit ESA and that it’s medically nessessary for them to have it. Then check with past landlords to see if there were any issues. There are SO many ways to protect yourself and your property but so far all I’ve seen is blatant ignorance but people renting that don’t even care to know rental laws. This is not applied to you guys!! I’m just speaking from the nightmare I go through anytime I would live to live somewhere. And Darla! I’m sorry that this ESA owner was rude. That’s not acceptable but I’m really glad you are here and asking questions. I spent every day in August from sunup to sundown just hearing and seeing NO over and over. For people who have mental health/disabilities, this stress can make it almost impossible for them to find a home where they and the animal that has been by their side through it all can feel even a little comfortable.
I hope nobody is citing this article as proof of anything. For example, nobody, including landlords, can ask for proof or documentation that the animal is a service animal. There’s only one question that can be asked, and that’s what does the animal do to aid with the person’s disability. Nobody can ask that the animal show what they’re trained to do, only what it is that they do.
Also, you can’t ask for the animal’s training certification because the ADA requires none. Just like you can’t ask for anything from a doctor because the ADA does not require that you need anything from a doctor to get a service animal.
Asking these questions would be violating a disabled persons privacy. This article could get someone into a jam for making them think they have the right to ask any of these questions.
I have an elderly rental applicant who claims four (4) assistance animals. Her medical provider (a physician’s assistant) wrote a letter attesting to her disability and attesting that these four animals alleviate her symptoms (or effects of her disability).
The law seems to fall fully on the side of the disabled person, yet the presence of these dogs will be upsetting to other residents. My plan is to tell them “the law is the law.”
Yet I cannot find anywhere described whether there is any limit to the number of ESAs. This person has one disability and four (4) ESAs. What might stand in the way of her provider deciding she would be better off with twenty or thirty? Is there a limit addressed in statute, case law, or regulation? How many animals must be permitted before the landlord’s operation is fundamentally altered?
As a housing provider, you need to make reasonable accommodation for emotional support animals. But is allowing four ESA above and beyond reasonable accommodation? That’s a very good question. I wish we had clear understanding of the rules and regulations in regards to ESA and rental housing. I would speak with a local attorney familiar with rental housing laws in your area. good luck and let us know what happens.
Service animals are not required to have certification per ADA law, and cannot be asked for such. Same as how one cannot be asked questions about the nature of their disability. What CAN be asked is if they have a disability, and if the service animal is trained to aid them with their disability. It might be helpful if everyone involved has brushed up on those ADA laws, because then they will be in compliance with state and federal laws.
Thanks for weighing in, Michelle. You are correct, it is very important to ask the proper questions for compliance. Although one may not ask if they have a disability or the nature of that disability, they may ask for written verification from their doctor that the animal is medically necessary and/or needed to assist with a disability. They may also ask for a copy of the service animal’s health records.
I am noticing an increase of service animals. I feel there is no protection for the landlord. There is always some damage even with the best animals. Flea infestation is big on the list. Yes I know, collect for damages when they move. Well Ive found that in most cases its impossible to collect. They leave the area. No forwarding address. Stuck with damage. There needs to be some guidelines. There is so much fraud. We had people tell us that on the military post people are talking about getting out of security deposits by getting a Service animal. We have one that moved in with one pet, non service. Within a week, mother in law visits with her service animal which I don’t know if I can deny her long visit. Then another dog appears and we don’t know whose it is? They make sure not to bring out all three dogs at once. I can see the damage we will have. what can we do about the visiting service animal?
I would suggest asking for the maximum allowable amount your state allows for security deposits. And you have to legally provide reasonable accommodation for service and emotional support animals in your property. Check your state laws or speak with an attorney who can offer further guidance on this issue.
If a tenant has an ESA, but the breed is on the restricted list with our insurance, what are our choices? I’ve had a few German Shepards that potential tenants have stated that they’re “companion” dogs, and so far I’ve dodged getting called out.
Hi Chris, You may want to reach back out to your insurance carrier and ask if the restriction applies to assistance animals under the Fair Housing Act. Then I would suggest you ask for a written exception in your policy for assistance animals to comply with that Fair Housing Act. If they refuse, I might suggest you consult with your attorney or local disability advocacy agency.
My daughter would like to train a service animal. Does the landlord have the right to refuse to let her do so?
Hi Rachel, a reasonable accommodation request of any type is based on the need of the tenant or potential tenant only. Considering (not necessarily approving) a request from the tenant in need of a support animal is mandatory. However, a landlord has no legal obligation to amend a pet policy for trainers, breeders, animal fostering, or other such situations.
Service dogs in training (SD-IT) have the same rights as already trained service animals. She probably really needs a service animal, but you don’t get a puppy. So a lot of people choose to get a puppy so the bond will be increased exponentially and learn training guidelines themselves.
I meant to add that like all the comments above that there isn’t one federal law that address this. You have to do the research for where you live since every state is different.
Hi,
I am showing a single family home in California, many people expressed interest in viewing the property. I also have people with service animals. Do I have to allow service animals on premises? How can I ensure the safety of everyone?
My friend rents an apartment out of a larger building with 30 other apartments in it and an office which the owner is in only until 5pm mon-fri. I have a SD and the owner of the apartments is saying I have to show documentation that she is needed. I haven’t found a lot of information for visiting but only for tenant. If I am not living there and only go over to my friends apartment for a few hours and a few days a week, can he ask me for my documentation?
What does the law say regarding mobile home communities where there are homeowners and renters. Some of the mobile homes are owned by the people that occupy them and they pay lot rent. Other homes are rented.
My confusion stems from a few things. They are telling me that can still enforce the pet policy as to breed size and charging pet rent even if the animal is a service animal. i did not think they could. That Service animals are not considered pets.
I have been told by both my physical health care provider and my mental health care provider that I would indeed benefit from having a service dog that it would improve my quality of life. And based on my needs that a larger breed dog would indeed be better suited to me. I have found one that works for me but he is a larger breed dog and a mastweiler. The landlords have informed me that i cannot have that dog and be able to live here stating that based on their Pet Policy I would be in violation of it and they would evict me. Again I am utterly confused he would not be a pet. I can not afford to move at this time it isn’t financially possible and they know it.
Hi Abigail,
It sounds like you might be dealing with the mobile home’s HOA vs a rental agreement situation. In rental housing, service animals are not considered pets, so the standard pet policy does not apply. However, I am unsure how service animals are handled in HOA rules. I do know that breed size restrictions are often related to insurance policies, so that’s something to keep in mind. The only advice I can give you is to speak with your local housing authority or have an informational phone call with an attorney in your area.
Is it within my landlord’s rights to restrict the quantity of service dogs in my residence? My children and my wife each require one, totaling three, as these dogs are designated to assist individual needs. However, the landlord insisting on permitting only two.
Hi Andrew,
I think your landlord would be required to reasonably accommodate all service animals. Your landlord might request documentation from a medical provider for each individual stating the need for a service animal. This is not legal advice though, and you should consider additional information from a legal professional or housing advocate in your area.