what can a landlord require for a service animal

3 min read 27-12-2024

what can a landlord require for a service animal

Landlords have specific legal limitations on what they can require from tenants with service animals. This guide clarifies what's permissible under the Fair Housing Act (FHA) and other relevant laws. Understanding these rules protects both tenants and landlords.

The Fair Housing Act and Service Animals

The Fair Housing Act (FHA) is the cornerstone of service animal rights in housing. It prohibits discrimination based on disability, including the refusal to accommodate service animals. This means landlords cannot deny housing or impose unreasonable restrictions on tenants with service animals.

Key Provisions of the FHA Regarding Service Animals:

Reasonable Accommodation: Landlords must make reasonable accommodations for individuals with disabilities who need service animals. This often involves waiving "no pets" policies.
No Pet Fees or Deposits: Landlords generally cannot charge extra fees or deposits for service animals. This is a crucial aspect of reasonable accommodation.
Limited Restrictions: Landlords can place reasonable restrictions, but these must be justified and not unduly burdensome. For example, a landlord might reasonably ask for proof of the animal's training or require the tenant to clean up after their animal.

What a Landlord CAN Require for a Service Animal:

Despite the broad protections afforded by the FHA, there are some legitimate inquiries a landlord can make:

1. Verification of Disability and Need for Service Animal:

Documentation: A landlord cannot directly ask for a tenant's medical diagnosis. However, they can request documentation confirming the tenant has a disability requiring a service animal. This documentation usually comes from a licensed healthcare professional.
Reasonable Inquiry: The inquiry needs to be reasonable and not overly intrusive. They cannot demand specific medical records. A simple letter from a doctor or therapist suffices in most cases.
Not Required in All Cases: In some jurisdictions, landlords cannot even request this documentation. The specifics vary by state and local laws.

2. Documentation of the Animal's Training:

Proof of Training: A landlord might request documentation showing the animal has been trained to perform specific tasks related to the tenant's disability. This can be a letter from a trainer, or evidence of successful completion of a service animal training program.
Nature of Tasks: The landlord is not entitled to know the specifics of the tenant's disability. However, they may require evidence that the animal is trained to perform tasks directly related to mitigating the disability. For example, a dog trained to alert a person to an oncoming seizure.

3. Reasonable Restrictions on the Animal's Behavior:

Maintenance of Property: Landlords can expect tenants to maintain the property in a clean and habitable condition. This includes cleaning up after the service animal. Excessive damage caused by the animal would likely be the tenant's responsibility.
Animal's Safety and Well-being: The landlord can ensure the animal is properly cared for, including safe containment (e.g., leash requirements in common areas) and access to adequate care.

What a Landlord CANNOT Require for a Service Animal:

It's critical to understand what landlords are prohibited from requiring. These practices constitute illegal discrimination:

Proof of the Disability: Landlords cannot demand detailed medical information or a specific diagnosis. A letter from a healthcare provider is sufficient.
Breed Restrictions: A landlord cannot refuse a service animal based on its breed. Service animals are protected regardless of breed.
Excessive Fees or Deposits: Service animals are exempt from pet fees, deposits, or other related charges.
Special Training Certifications: While proof of training might be requested, a landlord cannot demand specific certifications not generally required for service animals.
Emotional Support Animals: Emotional support animals (ESAs) are different from service animals. Landlords are not required to accommodate ESAs under the FHA. While some state and local laws offer additional protections for ESAs, these are not generally as extensive as those for service animals.

State and Local Laws:

It's essential to remember that state and local laws may offer additional protections for tenants with service animals. Check your local jurisdiction for specific regulations.

Conclusion: Balancing Rights and Responsibilities

Landlords have a legal obligation to accommodate service animals, but they also have the right to maintain their property. Finding a balance that respects both tenant and landlord rights is critical. Understanding the FHA guidelines and any relevant state or local laws is crucial for a harmonious tenant-landlord relationship. Remember, if you believe your rights are being violated, consult with a legal professional or fair housing organization.