Service Animals
Dealing with Service Animals
Source: https://www.rentprep.com/property-management/landlord-guide-assistance-animals/
(Fair Housing Act and the Americans with Disabilities Act)
There are a range of physical and mental disabilities and there is only so much information you are entitled to get from a tenant. Of course, landlords cannot refuse to rent to tenants with disabilities nor can you ask applicants and tenants about the details of any conditions. Sometimes the disability is apparent, such as a tenant in a wheelchair, but many times a person’s disability is not obvious to observers.
There are many laws that protect tenants with disabilities and landlords are required to make reasonable accommodations for them to live in a rental property. Lawmakers have determined that in most cases, assistance animals are not outside the definition of reasonable accommodations for disabilities.
In April of 2013, the Housing and Urban Development clarified the conditions for assistance animals. Essentially, the ruling states that people with disabilities may request reasonable accommodations for any assistance animal, including emotional support animals. It also sets up two conditions that, if the answers are yes, the landlord must allow the assistance animal.
Here are the two conditions:
1. Does the person requesting the animal indeed have a diagnosed disability that that impacts major life activities?
2. Does the person requesting the animal have a disability-related need for it and will the animal assist, perform tasks or perform services for the disabled person?
If it’s no to either, you do not have to allow the assistance animal. If it is yes to both, the exceptions must be made in most cases.
- Landlords cannot charge a pet deposit or pet fee for service animals, however the tenant is liable for any damage that the service animal may cause.
- 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 needed.
- Landlords can request copies of the animal’s health records to prove the animal is in good health, parasite-free and immunized/vaccinated.
- Landlords can write warnings or even evict a tenant with a service animal if the animal is disturbing others, posing a threat to others or causing considerable damage to the property.